Violent Crimes Battery

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Assault and Battery can be two separate crimes. Battery changes are commonly considered felonies. Simple assault and battery are usually considered misdemeanors.

Assault is defined as an unlawful attempt to inflict bodily injury, or the threat to do so with the ability to immediately carry out the threat. An assault can be committed even though the offender does not actually physically touch, strike, or do bodily harm to another person. It can be an assault for one person to give another person reason to fear or expect immediate bodily harm.

When an assault results in physical contact, a battery has occurred. Battery occurs when a person unlawfully applies force or harm to another human being. Any objectionable touching, even if it does not involve physical pain or harm, may constitute battery. The force may or may not include a weapon.

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