Assault And Battery in United States
Practical Information
Note: Some of this information was last updated in 1982
An assault is a threat made with the apparent intention of doing bodily harm to another. An essential element of assault is real or apparent ability on the part of the person making the threat to do bodily harm to another. Mere words do not constitute assault. A battery is the wrongful touching of another’s person or clothing as a result of an assault. A battery always includes an assault, but an assault may be made without a battery. A person guilty of assault and battery is liable for damage to the injured party. Assault and battery may also be a crime punishable by the state.
What is Assault And Battery?
For a meaning of it, read Assault And Battery in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Assault And Battery.
Assault and Battery
This section discusses generally the subject of Assault and Battery, how to determine the facts essential to Assault and Battery, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.
Resources
See Also
Attempt.
Hot Pursuit; Nominal Damages; Personal Property; Punitive Damages; Real Property.
Further Reading (Books)
American Law Institute. Model Penal Code: Tentative Draft No. 10. Philadelphia: ALI, 1960.
American Law Institute. Model Penal Code and Commentaries: Official Draft and Revised Commentaries. 3 vols. Philadelphia: ALI, 1985.
Hanson Calvert, Linda S., and Dernis, Craig. “Revisiting Excessive Violence in the Professional Sports Arena: Changes in the Past Twenty Years?” Seton Hall J. Sport L. 6 (1996): 127_166.
Keeton, W. Page. Prosser and Keeton on the Law of Torts. 5th ed. St. Paul: West, 1984.
Lafave, Wayne R., and Scott, Austin W., Jr. Handbook on Criminal Law. St. Paul: West, 1972.
Note. “Consent in Criminal Law: Violence in Sports.” Michigan Law Review 75 (1976): 148_179.
Perkins, Rollin M. “An Analysis of Assault and Attempts to Assault.” Minnesota Law Review 47 1962): 71_91.
“Non-homicide Offenses against the Person.” Boston University Law Review 25 (1946): 119_206.
Further Reading (Articles)
LEGAL COMMENTARY; Assault & Battery, Arab American News; November 28, 2003; Awad, Mahmoud M.
AGGRAVATED ASSAULTS, BATTERIES DOWN; ROBBERIES UP, UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN CRIME DATA SHOW, US Fed News Service, Including US State News; October 5, 2006
A Proposal to Narrow the Assault and Battery Exception to the Federal Tort Claims Act*, Texas Law Review; May 1, 2004; Massey, Jack W.
Holmes Guilty of Assault, Battery, The Roanoke Times (Roanoke, VA); June 14, 2013; Bitter, Andy
The Seasonal Assault With Batteries, The Washington Post; December 6, 1987; Vic Sussman
Man charged with assault, battery, Charleston Daily Mail; May 10, 2007
Riverdale Man Sues Police For Assault, Battery; Judge’s Comments Used in Civil Suit, The Washington Post; August 11, 2005; Ruben Castaneda
City man faces sex assault, battery charges, The Charleston Gazette (Charleston, WV); May 10, 2007; Gary A. Harki
NURSING ASSISTANT IS SENT TO JAIL ON ASSAULT, BATTERY, FAILURE TO APPEAR CHARGES, US Fed News Service, Including US State News; October 20, 2006
LIFESTYLE guru Tony Quinn is being sued for alleged sexual assault, battery and fraudulent misrepresentation., Irish Independent (Dublin, Republic of Ireland); January 9, 2010
Principal cleared of assault, battery.(Local), The Virginian-Pilot (Norfolk, VA); May 31, 2007
Music Producer Kashif Settles L.A. Police Assault, Battery Suit for $365,000, Los Angeles Sentinel; March 22, 2000; Pleasant, Betty
Assault, battery convictions against El Cerrito teacher overturned, Oakland Tribune; June 22, 2009; Malaika Fraley
ASSAULT, BATTERY TRIAL ORDERED.(News), Daily News (Los Angeles, CA); April 22, 2001
Tyson is charged on assault, battery, Chicago Sun-Times; July 8, 1987
Nazareth man charged with assault, battery, Virgin Islands Daily News; October 31, 2008; CORLISS SMITHEN
Beaten man charged with battery, assault, The News Sun – Waukegan (IL); March 30, 2007; By Nicholas P. Alajakis
UW’S STANLEY CHARGED WITH SEX ASSAULT, BATTERY.(FRONT), The Capital Times; January 9, 2006; Miller, Mike
Cocktail waitress sues Dennis Rodman for alleged assault, battery, AP Online; November 13, 1998; JEFF WILSON Associated Press Writer
EX-INVESTIGATOR PLEADS GUILTY TO ASSAULT, BATTERY, The Roanoke Times (Roanoke, VA); July 22, 2004; Shay Wessol shay.wessol@roanoke.com 381-1665
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