by Faraji Rosenthall | Mar 23, 2015 | Assault, Criminal Law
Virginia Assault and Battery Laws: How Are These Cases Prosecuted In Northern Virginia? Is assault and battery the same? Find the distinction between the two here. The terms assault and battery are often used interchangeably but these are two separate crimes. What Is Assault? Assault is the act of intentionally attemptingphysical harm toward another. No physical contact needs to be made during an assault. The prosecution must also prove that the defendant had the capacity to inflict harm on the victim. Common Examples of Assault If someone swings a bat at another during a heated argument, even if there was no impact, this is considered assault. Another instance would be if two friends were arguing, and one of them points an unloaded gun without shooting. What is Battery? Battery on the other hand, is the act of inflicting physical harm on someone deliberately, however minor or severe. One of the main denominators of this crime is that the perpetrator made physical contact in an aggressive manner.Battery can also be the result of indirect contact via an object or weapon. A Key Pointer Regarding Battery Even though battery constitutes touching, not every case of unwanted contact is considered battery. Here’s an illustration: a stranger commuting to and from work may tap someone on the shoulder to inquire about directions. Even if this “physical contact” is unwarranted, it’s not considered to be battery, since no harm was made or intended. Common Examples of Battery An irate airline passenger spits on a hostess out of anger for failing to deliver his request. There are further aggravating circumstances to battery such as causing...
