In that way, a battery was a "completed" assault. Many modern statutes don't bother to distinguish between the two crimes, as evidenced by the fact that the phrase "assault and battery" has become as common as "salt and pepper.
The criminal laws of many states classify assaults as either simple or aggravated, according to the gravity of the harm that occurs—or is likely to occur if the assaulter follows through and strikes the victim. Aggravated assault is a felony that may involve an assault committed with a weapon or with the intent to commit a serious crime, such as rape.
Some assault laws name the aggravating factor —for example, "assault with a deadly weapon. In the absence of factors such as these, the crime tends to be simple assault, a misdemeanor.
As an alternative to classifying assaults as either simple or aggravated, some states recognize the different levels of harm that they can cause by classifying them as first most serious , second, or third degree less serious assaults.
Aggravated Assault Case Example 1: Alyssa is walking alone late at night when a man suddenly jumps in front of her and drags her into the bushes. The man strikes her a couple times and begins to rip at her clothes.
Fortunately, Alyssa strikes the attacker with a rock and runs away to safety. The attacker is guilty of aggravated assault because the circumstances indicate that he assaulted Alyssa with the intent of raping her. Aggravated Assault Case Example 2: A male nurse in a nursing home facility fondles an elderly female patient.
The nurse may be convicted of aggravated assault in states that have enacted special statutes to protect elderly or mentally ill patients against violence by caregivers.
According to an ancient children's ditty, "Sticks and stones may break my bones but words will never harm me. The general policy against punishing people for naked threats recognizes that in the heat of the moment, people often make threats they have no intention of carrying out.
To get an idea of what a statute on assault looks like, take a look at this excerpt from Mississippi Code Section , which defines the crime of simple assault. As you'll see, simple assault in Mississippi encompasses both acts that cause actual bodily injury and acts that cause fear of imminent serious bodily harm.
To learn more about assault and battery, and for information about the law your state, see our Assault and Battery section. If you've been arrested or charged with a crime, consult an experienced criminal defense attorney. A knowledgeable lawyer will be able to fully explain the law in your state and advise you of your options.
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Real Estate. Child Support. Other Legal Categories. X 1 Enter Zip Code or City this may not be the same place you live. Drug Crimes. Speeding and Moving Violations. White Collar Crime. Scroll down for more categories. Aggravated assault refers to an assault with an additional aggravating circumstance.
As such, the liability and sentencing for aggravated assault is generally more severe than that for an ordinary assault. The prima facie case for "assault" has 3 components:. Please help us improve our site!
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