Envato Elements What is the difference between an assault and a battery? The answer is simple. A battery involves physical contact; an assault does not. Specifically, for a battery to occur, the perpetrator must make unwanted physical contact with another person. The contact can be direct or indirect, such as with a projectile or by throwing open a door. Of course, the perpetrator would need to know that their action would result in contact — an accidental touching is not a battery. Importantly, any unwanted touching, whether or not it results in bodily harm, counts as a battery here in Idaho. Indeed, the lightest of shoves could land you in jail. An assault, on the other hand, can be effectuated in one of two ways. The first way to assault somebody is to attempt to commit a violent injury against their person. For example, if I throw a punch at somebody, but they dodge it, that is an assault. The second way to assault somebody is to threaten, either by word or by act, to do violence against another person. For this second method to hold up in court, the prosecutor must also prove that the alleged assailant had the apparent ability to follow through with the threat. For example, if I threaten to punch somebody, but I do so over a Zoom call and the person being threatened knows I am two towns over, that is not an assault. Circling back to the first way one can commit assault, if an assailant attempts to punch somebody, and is successful in their attempt, then that assault is “subsumed” by the greater charge of battery. That person cannot be punished for both assault and battery for the same act. Another important difference between assault and battery for the average criminal defendant is the maximum punishment associated with each. An assault is only punishable by up to three months in county jail, whereas battery is punishable by up to six months in county jail, unless the battery is against a victim who the batterer knows to be pregnant, in which case the maximum becomes one year in county jail. Now, there are multiple affirmative defenses that one can potentially raise to a charge of assault or battery, but the two most common are self-defense and consent. The law surrounding self-defense is a topic for another day. However, consent as an affirmative defense is worth exploring in this article. There are, generally speaking, two categories of consent—apparent/implied and actual/express. Some socially acceptable touchings would include tapping someone on the shoulder to get their attention or tackling an opposing team’s player during a football game — even if the person being touched did not in fact consent, the consent is implied or apparent from context. Express consent is rarer and, practically speaking, would only arise in a “he said/she said” scenario. This article should not be construed as providing legal advice as to any particular person. If you are charged with assault or battery, please consult with an attorney. Adam J. Ondo is a trial attorney for the Idaho State Public Defender’s Office. Before that, he worked in private practice, with a focus on family law and criminal law. He is also an avid hunter and participant in multiple shooting sports. This column provides general information and is not to be considered legal advice. Readers with specific legal questions should consult an attorney. The Idaho State Bar Association provides a lawyer referral service, through their website at https://isb.idaho.gov/.The post The difference between assault and battery appeared first on East Idaho News.
Source: eastidahonews.com
The difference between assault and battery
