Free Essay


In: Other Topics

Submitted By kfrazier160
Words 945
Pages 4
Assault, Battery, and Crimes against Persons
Kaitlin Frazier
Professor MacBeth

LEG 320 Criminal Law
Strayer University

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.


Find False
Legal Dictionary. Assault and Battery.
US Kidnapping vs. False Imprisonment.…...

Similar Documents

Premium Essay

The Debate over Gun Control

... After homocides peaked in 1974, they declined until the 1980s. In April 1982, a law prohibiting possesion of handguns not previously registered with the Chicago police department took effect. The total annual handgun homocide murders fluctuated for several years, then sharply rose: 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 254 290 289 261 285 260 371 417 513 542 534 551 28% 40% 39% 39% 38% 38% 56% 56% 60% 58% 57% 65% Oak Park Illinois A Chicago suburb, despite burglary and other violent crimes trends in other suburbs rates rose sharply in the Oak Park after the ban on handgun sales in 1977. Between 1997-1984 (all facts and figures from Chicago city and county police) Aggravated Homocide Robbery Assualt Burglary Oak Park +58% +83% +113% +109% U.S. Suburbs -13% -5% +5% -19% U.S. -9% +8% +17% -12% Kennesaw, Georigia in 1982, Kennesaw passed an ordinance “to provide for the civil defense of the city of Kennesaw, and further in order to provide for and protect the safety, security and general welfare of the city and its inhabitants.” The ordinance states that, “every head of the household residing in the city limits of Kennesaw is required to maintain a firearm, together with ammunition for it,” except criminals, persons with moral or religious objections, and those mentally or physically incapacitated.(Code of Ordinances, Chapter 8: Civil Defense and Disaster Relief, Section 8-10, enacted March 15, 1982-Http://

Words: 3742 - Pages: 15

Premium Essay

Criminal Justice Rape Research Paper

...whites in Connecticut per capita than any other race and therefore increasing the number of victims available in that race, also based on the state of Connecticut’s statistical data, white females are victims of sexual assault more often than men of any race . H3: YOUNGER FEMALES (AGES 18 - 24) ARE SEXUALLY ASSAULTED MORE OFTEN THAN FEMALES OVER AGE 24 IN THE STATE OF CONNECTICUT. T3: The possible theory surrounding this hypothesis is because based on the state of Connecticut’s statistical data shows that most of the rape cases in Connecticut occur between the ages of 18-24. This is the typical age when most begin experimenting with drugs and alcohol which is usually a factor in sexual assault victims. H4: THE VICTIM OF SEXUAL ASSUALT KNEW THE OFFENDER MORE OFTEN THAN NOT IN THE STATE OF CONNECTICUT. T4: The possible theory surrounding this hypothesis is because based on the state of Connecticut’s statistical data shows that the victim knew the perpetrator prior to the offense. This could make the victim feel more comfortable and not see the perpetrator as a threat. T5: FEMALES WITH SOME COLLEGE EDUCATION ARE SEXUALLY ASSAULTED THE MOST IN THE STATE OF CONNECTICUT. H5: The possible theory surrounding this hypothesis is because based on the state of Connecticut’s statistical data shows that most victims are between the ages of 18-24 which is the typical age of most college students. There is also a different social environment in college which makes for......

Words: 2940 - Pages: 12

Premium Essay

The Snowman

...has proposed a plan to have thorough background checks on those who purchase guns, and prohibit the purchase of armor piercing bullets, along with magazines with a capacity larger than ten bullets. The National Rifle Association believes that their rights are being taken away completely, but this isn’t true. The Second Amendment of the United States Constitution states: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” A more modern interpretation is required. That, like the First Amendment, the freedom of speech and press, is not an absolute right. There is also a key portion of the amendment that states, “In well regulated militia.” Any assualt-type weapon, regardless of whether it’s for hunting or not, needs to be banned, along with large capacity magazines. An assault-type weapon, such as the AR-15, especially with large capacity magazines, is not necessary for home defense. The sole purpose of these assault weapons, along with pistols, is only to harm another human being. Also, more extensive background checks need to be done on those who purchase guns, for it seems as if owning a gun is easier than acquiring a license to drive. The mental health of the individuals who purchase guns must be accounted for. The government has spent $1.5 trillion on both the Iraq and Afghanistan wars. More money needs to be spent on the protection of the American people. The United States......

Words: 3785 - Pages: 16

Premium Essay


...on the hood of the truck and clothes in the truck ,and on one of the doors to the house (all noticed by the two Officers before entering the house). The defendenat Jeremy Fisher was noticed through the window by the Officers. The two Officers had knocked ,Fisher did not answer. Fisher had a cut they had noticed on his hand , they asked him if he needed medical attention, Fisher ignored and continued with response with profanity demanding the two officers to get a search warrent. Back door being locked and with the front door being blocked by a couch Officer Goolsby pushed the front door as Goolsby enterd Fishers house , Fisher had a long gun pointed at Goolsby. Officer Goolsby withdrew. Jeremy Fisher ws charged under the Michign law with assualt with a dangerous weapon and possion of firearm. ISSUE: -Did the officer have a right to enter the home becuase of the injury with out a warrent and/or consent ? Was fishers Fourth Admendment violated? RULE: -Fourth Admentment states the right of the people in their houses, persons, papers and those effects against unreasonable searches and seizures will not be violated and warrents active if probable cause , to be searched wiith persons , propptery or anything being seized. Officer have a right to enter? there is the People v. Davis , 442 Mich. 1, 25, 497 N. W. 2d 910, 921 / Mincey v. Arizona , 437 U. S. 385, 392 (1978) which states in michigan "police officers may enter a home without a warrant “when they reasonably......

Words: 509 - Pages: 3

Free Essay

Assualt Weapon Ban

...With last years school shooting in Newtown Connecticut a movement started to ban assault style rifles, not only would this ban be ineffective but it would be a solution to an issue that does not exist. Assault rifles are used in a very small percentage of gun crimes in the United States and they are only cosmetically different from other rifles. There has been a ban on them in the past and it proved to be an ineffective measure that was allowed to expire without being renewed by congress. These types of superficial classifications of weapons is useless when deciding whether or not a gun should be allowed to be owned and attacking assault weapons is similar to attacking one brand of cars for being involved in traffic accidents. An assault rifle is a semiautomatic rifle that has a pistol grip, detachable magazine, and is styled after a military rifle. These rifles require a pull of the trigger for every round that needs to be fired unlike their automatic military counterparts that are able to fire multiple rounds for each pull of the trigger. Assault rifles come in a variety of calibers and styles which is likely one of the reason that gun enthusiasts have such a passion for them. The most recent proposed legislation attempted to limit magazine size to ten rounds, prohibit the sale of rifles with a pistol grip, and had a list of other criteria that if a rifle had two of the characteristics present would classify it as an assault rifle and illegal. These characteristics...

Words: 1336 - Pages: 6

Premium Essay

Laws1001 Notes

... d. Were the judges right? e. Is the minority judgment more compelling, and why? 6. Conclude by stating the likely outcome 7. Consider “in the alternative” if an opposite conclusion is of interest 8. Consider the outcome of your conclusion(s) and state an opinion as to what is more likely to be a) accepted by court and b) of advantage to the client MIRAT M- Material Facts Officer planning to trap – intention Police officer grabbed elbow Been in trouble with police before Chased by police I- Issue Has an assault, etc happen? R- Ratio/Rule (or statute) Relevant cases A- Apply facts and rule Intention, authority, apprehension of fear, able to escape (argue both sides) T- tentative conclusion – outcome Assualt, etc- y/n Private/Public Law & Criminal Negligence What is the difference between public and private law? In public law at least on the parties will be a state entity. * egconstitutional law, administrative law, taxation law, criminal law and industrial law. * where the state acts there are certain ways of reasoning which might be used in private law will not be appropriate – such as parties are equal in power and assumptions derived from political and public interest theories. * For instance, when considering the decision of a public authority to build a road through a person’s home, the face that the public authority is doing this to benefit the community in general alters the principles which decide......

Words: 29591 - Pages: 119

Free Essay

False Rape Allegations (8) Greer, C., (2003), Sex crime in the media. Cullompton: Willan. (9) P.Starling, (2011), Schrodinger’s Rapist: A Guy’s Guide To Approaching Strange Women Without Being Maced (10) North Carolina v. Collin Finnerty and Reade Seligmann, FindLaw, (2006, April 17) (11) Rose, J., Panter, S., Wilkinson, T., (1997).  Innocents : How justice failed Stefan Kiszko and Lesley Molseed. London: Fourth Estate. (12) United States Bureau of Justice Statistics, Selected Findings Number 4, Prison Sentences and Time Served for Violence, April 1995 (13) Lisak,D., Gardinier, L., Nicksa, S.C., Cote, A.M., (2010), "False Allegations of Sexual Assualt: An Analysis of Ten Years of Reported Cases". Violence Against Women 16 (12): 1318–1334 (14) J.Day v Basildon Crown Court [2009], The (15) Daily Mail, Woman finally jailed after FIVE false rape allegations against ex-boyfriends in eight years, (2013, July 9) (16) Lord Chief Justice Of England & Wales, Press Regulation, United Kingdom 13th Annual Justice Lecture,(2011, October......

Words: 2859 - Pages: 12

Premium Essay

Domestic Violence

...husbands ,a custom reinforced by the biblical passages, Christianity, English common law, and the mores of American Colonists. As property, women were subject to the control of their fathers or husbands, who held power of life and death over them. Davies (1994:7 ) is also of the opinion that violence against women is rooted in the structural relationships of power, domination and privilege which exist between women and men in different societies. He believes that It is an outcome of the belief, fostered in most cultures, that men are superior and that the women with whom they live are their possessions to be treated as the men consider appropriate. 4.1.1 Women as victims As victims of violence, Women are often subjected to physical and sexual assualts, threatened and humiliated within their own homes by men with whom they should enjoy the greatest trust than by strangers. Davies (1994:5-6). According to research findings,this often results in women blaming themselves and failing to report the victimisation to the 5 police with the fear that they will be blamed or not believed as their abuser is known to them. Davies (19940 recognises that of all the forms of violence against women, ’wife – beating’ is the most common manifestation of male violence. Physical violence has effects ranging from bruising to serious results such as death. The victim might die at the hands of abuser but also the victim may kill the abuser in revenge to the abuse they have suffered. An example......

Words: 2396 - Pages: 10

Premium Essay

Rules of Law

...Stealing Services. 4. Rule of Law:Crime:Embezzlement Stealing money entrusted to you. 5. Rule of Law:Crime:Extortion Unlawful obtaining money from another. 6. Rule of law:Crime:Vandelism Willful and malicious destruction of the property of others. 7. Rule of law:Crime: Bribary Offering or receiving something of value to influence a person in the performance of an official duty. 8. Rule of law:Crime: R.I.C.O Under the RICO it is a federal crime for any person to use income derived from a pattern of racketeering activity to acquire an interest in a enterprise. 9. Rule of Law: Intentional Torts: Battery A battery is the intentional and harmful or offensive touching of another without consent. 10. Rule of law: Intentional Torts: Assualt Is placing a person in immediate apprehension of one's physical safety. 11. Rule of Law:Intentional Torts: Assault/Battery Defenses o 1. Self defense is defending yourself and a third party using only enough force that is necessary. o 2. Discipline is a parent using enough force that is reasonable and necessary. 12. Rule of Law: Intentional Torts: False Imprisonment:Defense o False imprisonment is the intentional confinement of another person for an appreciable time without consent. o Defense: Consent 13. Rule of law:Intentional Torts: Defamation of Character Defamation of character is publication of a false statement about a person that brings one into hatred, ridicule or contempt. 14. Rule of Law: Intentional Torts:......

Words: 988 - Pages: 4

Free Essay


...Nations 联合国 university 大学 unsteady 不稳定 uranium 铀 Urban Council 市政局 Urban Improvement Scheme 市区改善计划 Urban Services Department 市政总署 vaccine 疫苗 victim of disasters 灾祸受害者 victim of traffic accidents 交通意外受害者 victims of crime 罪案受害者 violence 暴力 Viral Hepatitis Preventive Service 乙 型 肝 炎 检 验 和 防 疫 注 射 计 划。 vocational training 职业训练 vocational training 职业训练 Vocational Training Council 职业训练局 voluntary agencies 志愿团体 voting 投票 Walk for Millions 公益金百万行 water charge 水费 water from East River 东江水 water rationing 食水配给 water saving 节约食水 Water Supplies Department 水务署 water supply 食水供应 water treatment 食水处理 water wastage 浪费食水 West Rail 西 铁 White Paper 白皮书 Wholesale Fish Market 鱼类统营署 whooping cough 百日咳 Works Bureau 工务局 wounding assualt 伤人案 writ 法令 yellow fever 黄热病 youth and community services 青少年及社区服务 Yuen Long 元朗 Theatre and Cinema 剧院电影院 24 hour ticket line … 24 小时售票电话…… All prices quoted include any service charges applicable.票价包括一定的服务费。 All sessions last for approximately 1 hour. 演出大约 1 小时 Booking Office 售票处 Bookable in advance at the box office only with ID 凭身份证可在售票处提前预定。 Booking by post, phone, fax or e-mail or in person. 可通过邮寄,打电话,发传真或发电子邮件或亲自定 票。 Booking can be made through … on … 可打电话 ……通过……定票 Concessions 优惠 No booking fee 不收定票费 Performance times 演出时间 Previews 预演 Regular price 普通票价 Special reductions are available to groups 12+ at all performances. 所有演出对 12 人以上的团体给予特别 优惠。 The performance runs 2 hours 30 minutes including an......

Words: 14602 - Pages: 59

Premium Essay

Bullying in Schools: Can It Be Stopped?

...disciplinary process. It should be more specific about the steps and levels of diciplinary actions.This is not acceptable to me as a parent. For my childs safety at school, I want to know what the school is doing to prevent bullying. My twelve year old son attends Ashland Middle School and has been a victim of bullying. He has been dragged across the floor to the point of bleeding from rug burns, had his fingers slammed in a locker,been slapped in the face, and been verbally bullied. When I approached the staff at the school, little was done to the bullies in question. One was told to apologize and the two others served after school or lunch detention. If I, as an adult caused physical injury to another person, I would go to jail for assualt. The punishment doesn’t seem to fit the crime in our schools. The schools aren’t the only ones responsible for the safety and education about bullying to our children. Parents need to make sure that their children understand that this type of behavior is unacceptable at school and at home. Unfortunately there are parents who don’t exactly know what constitutes bullying. There was an interview done by CBS Sunday Morning where the reporter Tracy Smith talks to students, parents and staff at Irving Middle School in Lincoln, Nebraska. The reporter talks to the students that are both being bullied and the bullies. The kids at this school are being educated in intensive, one-on-one, programs. These programs use questionaires, talking......

Words: 1913 - Pages: 8

Premium Essay

Sexual Assualt

...1. Yes this scenario does describe a sexual assault. The sexual assault that it describes is indecent assault because the definition of this is any non-consensual touching done with the intent to gratify lust or sexual desires and in this scenario Minnie kissed Sandra with Sandra not consenting so that does fall up under the definition of sexual assault. This sexual assault is not rape though it is only indecent assault. The reason why this assault would not be considered rape is because there was no sexual intercourse at all just kissing. The victim in this act was Sandra and the alleged perpetrator is Minnie. 2. I would have to say yes this is sexual assault. The reason why I would say that is because one of the types of sexual assault is carnal knowledge which is sexual intercourse with a minor. In this scenario SSG Long does have sexual intercourse with Mike who is 15 years old but I would have to say this is not rape because SSG Long did not force Mike to have sexual intercourse with him and Mike did consent to sexual intercourse. The victim in this scenario is Mike and the alleged perpetrator is SSG Long. 3. In this scenario SGM Wayne does comment sexual assault. The reason I say that is because he slipped her a drug in her drink so that she would not know what is going on and in the definition of sexual assault it says sexual assault is described as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim......

Words: 434 - Pages: 2

Free Essay


...the diagnosis of being a drug addict it means that you are addicted to many harmful drugs such as, Heroin, Cocaine, and Meth. This is the categorized substance abuse. (Jaffe 1975) Many people who may have become addicted to drugs may face many horrible problems in their lives, such as family issues, and major health issues. The government has been trying to get rid of drugs of the streets that way people cannot have access to it to then become addicted. Drug addiction from their culture and society but they have been unable to completely eradicate them. This can only occur if the people become increasingly aware of the problems that drugs pose and they learn to live their lives in spite of what the drugs may have on them. SEXUAL ASSUALT Sexual abuse takes place in many places, but it mostly occurs in homes to small children. The age groups of abusers and victims have been younger. There are many children who are victims of sexual abuse and most of them are the child of the abuser, which is very sad. Some of them start being abused very early for a long period of time. Sexual abusers are mostly fathers, uncles, brothers, and even teachers. From many different studies of sexual assault it is obvious that most abusers and people who may commit sexual assaults are people who have been abused as a young child as well. They know it is wrong but do it anyways do to the fact that it was done to them. Sexual abusers also realize that rapes are prohibiting acts. They......

Words: 980 - Pages: 4

Premium Essay

Written Assignment

...Luis Antezana Written Assignment April 23rd, 2012 Word Count: 1222 What significance does the theme of innocence versus guilty play in the novel, The Assualt, by Harry Mulisch? The novel, The Assault, is told against the backdrop of shifting Dutch post-war society, centered around significant points in that history. Mulisch paints a canvas of the difficulties of Dutch society in coming to terms with the events of the war. Mulisch faces significant questions of guilt and innocence when writing the novel thus leading to the hand of fate lurking strongly in the novel. The Assault becomes a morality play with much difficulty in determining and judging what right and wrong is, and guilty from innocence becomes a central theme throughout the novel in the lives of Anton Steenwijk, Fake Ploeg’s son, Cor Take and Karin Korteweg and Mr. Korteweg. Anton Steenwijk is the central protagonist in the novel and has been plagued with the murdering of his family at a very young age. Anton struggles to understand and comprehend the events that happened that very night which ultimately leads to his apathy for the subject. Anton’s apathy and attempts of forgetfulness toward the killings makes him guilty in the novel; however, the fact that Anton’s only mechanism for coping with the tragedy is detachment and forgetting gives him the characteristic of innocence thus raising important questions of guilt and innocence in his character. Anton’s apathetic characteristic can be seen......

Words: 1230 - Pages: 5