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Assualt

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Assault, Battery, and Crimes against Persons
Kaitlin Frazier
Professor MacBeth

LEG 320 Criminal Law
Strayer University
9/6/2015

Assault, Battery, and Crimes against Persons

Assault and Battery are often misconceived as the same crime. There are many very similar traits with assault and battery that would convince some people that they are the exact same crime, but there are a few differences that distinguish the two crimes from one another. Assault is an act that creates an apprehension in another person by imminent, harmful, or offensive contact (Legal Dictionary-Assault). Battery is an act of harmful or offensive touching of another person. Assault and Battery are similar in that they both involve threat and harm. The main difference of Battery compared to Assault is Battery involves contact of some form against another person. In the case of Assault no physical contact is necessary; the only thing that is needed is a threat or intention of violence. An example of Assault is a nurse trying to do her job and give a patient medicine through administering an IV, the patient is hostile and threatens to hurt the nurse by saying he is going to punch, kick, and stab her if she puts the IV in his arm. The nurse would remove herself from the room to insure her safety. As for Battery physical contact is mandatory, there needs to be a threat and a follow through of violence. An example of Battery is the same nurse trying to administer the IV to the hostile patient with the threat of punching, kicking, and stabbing. The nurse cannot calm the patient down enough before leaving the room and he follows through with his threat, and punches the nurse in the face and kicks her in the leg. When looking to see if the crime was an Assault or Battery the jurisdiction of the crime should not be a factor at all. Before deciding if a person is going to be accused or punished for Assault or Battery the deciding court or jury needs to hear all the evidence. Where the crime occurred should not be a factor in whether it happened or not. If someone did Assault another person then they should be convicted of Assault, and if someone battered another person then they should be punished as a person who committed a Battery. If a man jumped out in front of a lady and drags her into an ally then the threat of what could come next in that back ally could be considered as Assault. If the man had hit or beat the lady in the ally the crime would then become Battery. In order to make any part of this story into consensual touching and not a crime the lady would have to know the man. When he would have jumped out at her, she would have been so scared or startled that she did not realize that she knew him and thought that she was in danger. False imprisonment is an unlawful restraint of a person against their will by someone without legal authority or justification (FindLaw- False). The person who is falsely imprisoned is intentionally restricted of their freedom of movement without their consent being taken into consideration. In the above example of a man jumping out in front of the lady and dragging her into an ally, and ultimately having the lady know the man. If the lady did press charges on the man, the court would not decipher a conviction based upon if the lady did in fact know the man. The court would decide on a conviction based upon the crimes that the man did commit not if he knew the lady that he assaulted or not. The differences between False Imprisonment and Kidnapping are not widely known. Kidnapping is when a person physically moves another person without that other person’s consent(US Legal- Kidnapping). The person who is doing the kidnapping is committing the act with intent and is usually connected to some other object like money. False Imprisonment is the confinement of another person without their consent. The difference between the two lies within the whether a person is physically taken or if they are just held against their will. Most of the times False Imprisonment is harmless, while kidnapping usually involves some sort of pain and suffering. There has been a notion that one of the two crimes Kidnapping and False Imprisonment is more heinous than the other. Based off of facts of the two crimes, Kidnapping seems like it would be the more heinous crime. Every time that Kidnapping is heard of it involves someone being held hostage usually for many years and being abused during that period of time. False Imprisonment is not usually for extended periods of time, and does not involved a person being harmed. If the man and the lady from the previous scenario were romantically involved and were having an argument when the man drags her into the alley and she slapped him does this call for him to use self-defense. If the lady were to only slap the man only one time that does not mean that self-defense should come into play. If the lady is repeatedly hitting the man to the point that he is not safe any long, he should use some self-defense in order to keep himself safe from the lady.

References

Find Law.com. False Imprisonment.injury.findlaw.com.torts-and-personal-injuries/false-imprisonment.html
Legal Dictionary. Assault and Battery. legaldictionary.thefreedictionary.com/assault+and+Battery
US Legal.com. Kidnapping vs. False Imprisonment. Kidnapping.uslegal.com/kidnapping-v-false-imprisonment/…...

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