Assault and Battery
This article discusses assault and Battery, which fall under the category of torts. A tort is defined as a wrongdoing or an infringement of a right that results in legal obligation and is not covered by a contract. False incarceration is also a crime, as stated in “public nuisance is a crime as well as a tort”). The number of assault and Battery cases is rising daily.
Introduction
Assault and Battery fall under the tort, which is a civil violation classified as an intentional tort. The purposeful violation of another’s legally protected rights is referred to as an intentional tort. we could define assault as any action on the part of the defendant that immediately makes the plaintiff fear coming into contact with him. As a result, assault is committed when the defendant gives the plaintiff reason to believe that he will commit Battery against him through his actions. Typical assaults When someone points a pistol at someone else and threatens to shoot them, even if the victim later discovers the gun was not loaded or even real.
The following are some characteristics of an assault:
- The act was meant to arouse fear of harmful or offensive contact.
- The act did arouse reasonable fear of such contact in the victim.
- A bodily threat gesture that is about to be made.
A civil wrong known as Battery is defined as the willful and direct use of physical force against another person’s person or as the unlawful use of force against another person or their property, resulting in bodily harm or offensive contact. Battery attempts are considered assaults. An intentional tort is a Battery. Example Battery occurs when someone purposefully makes contact with another person that is harmful or objectionable. However, the Plaintiff is not liable if they granted explicit assent to the crime or inferred consent by taking part in a certain activity or circumstance (such as playing sports with the defendant).[i]
Historical Background of Assault and Battery
Modern tort law recognises certain “intentional torts,” or legal claims that can only be made when the defendant acted with the intent to harm the plaintiff or with a high degree of certainty that the plaintiff would be harmed. Several “classic” intentional torts, recognised as grounds of action for centuries, such as assault, Battery, false imprisonment, trespass to chattels, and trespass to real property, are examples of current intentional torts. Newer causes of action such as deliberate infliction of emotional distress, intentional interference with contracts, and intentional interference with prospective advantage are included in modern intentional torts. [ii]
But there was no such thing as an “intentional tort” in tort law before the latter part of the nineteenth century. The actions for the “classic” intentional torts mentioned here were typically brought in trespass cases, which did not call for an intentional injury claim.2 The more recent intentional torts received very little recognition.
Types of Domestic Assault and Battery
Misdemeanor[iii]
Domestic assault and Battery, defined as the purposeful and unlawful attempt, offer, and subsequent use of violence against a person with whom the offender currently has or formerly had a close, intimate relationship, constitutes the first offence.
First-time domestic assault and Battery with a minor present – The same as above, but with a minor child in attendance at the time of the alleged event.
First-time Domestic Battery and Assault of a Pregnant Woman is the same as Domestic Battery and Assault, but the alleged offence is committed with the knowledge that the victim is expecting a child.
FELONY[iv]
Domestic assault and Battery on a second or subsequent offence is the same as domestic assault and Battery on a first offence. It makes no difference if the “victim” is a different person or how minor the purported “injury” may be.
Domestic assault and Battery in the presence of a minor on a second or subsequent occasion is the same as domestic assault and Battery on a first occasion in the presence of a minor. Additionally, exactly with the 2nd Offence Domestic Assault and Battery, the victim’s identity, the child involved, and the severity of the injuries is irrelevant.
The second offence of domestic assault and Battery on a pregnant woman is the same as the first offence, with the exception that this is the second or subsequent offence. It should be highlighted that similar to the other charges, it is irrelevant whether or not the alleged victim is the same, whether or not the victim is pregnant, or how severe the injury is. It should be mentioned that the severity of the punishment is GREATLY raised IF the unborn child is hurt or the claimed mistreatment results in a miscarriage.
Domestic Battery and strangulation assault[v]
With the exception that the claimed crime involves some sort of strangulation, this is the same as domestic assault and Battery. The legal definition of strangulation in Oklahoma is as follows: “Strangulation means any kind of asphyxia, including but not limited to, closure of the (blood vessels)/(air passages)/nostrils/mouth as a result of external pressure on the head/neck.” It should be noted that even “attempted” strangulation can result in the filing of a criminal charge in addition to strangulation, which results in an automatic felony charge.
Domestic Assault and Battery Causing Great Bodily Injury[vi]
Domestic assault and Battery are involved here, however, the severity of the alleged victim’s injuries is taken into account. Great bodily injury, according to Oklahoman courts, is defined as any bone fracture OR any prolonged and evident disfigurement OR any prolonged (lengthy period) loss/impairment of function of a body part/organ OR that created a significant risk of death for the accused victim.
Domestic Assault and Battery With Deadly Weapon[vii]
Except that a legal “deadly” instrument or weapon was used in this domestic assault and Battery.
You’ll see that four sorts of domestic assault and Battery fall under the misdemeanour category. We refer to these as predicate offences. No matter how serious the allegation or injury, if you ever enter a plea to one of these misdemeanours, you will be warned that if the same or a comparable offence is committed again, the second or subsequent charge will be charged as a felony. The remaining forms of domestic Battery and assault are always charged as felonies.
Conclusion
Any action by the defendant that directly causes the plaintiff to anticipate contact with his person is considered an assault. Battery is the illegal use of force, either directly or indirectly, against another person or their property, resulting in physical harm or offensive contact. Battery attempts are considered assaults. Assault and Battery cases are on the rise, which leads to more injuries every day. When we cannot control our emotions, especially our anger, we attack or Battery, but if we can control our anger then these types of cases will be reduced.
[i] Trindade, F. A. “Intentional torts: some thoughts on assault and battery.” Oxford Journal of Legal Studies 2.2 (1982): 211-237.
[ii] Vandevelde, K. “A History of Prima Facie Tort: The Origins of a General Theory of Intentional Tort’(1990).” Hofstra Law Review 19: 447.
[iii] Natapoff, Alexandra. “Misdemeanor decriminalization.” Vand. L. Rev. 68 (2015): 1055.
[iv] Handler, Phil. “The law of felonious assault in England, 1803–61.” The Journal of Legal History 28.2 (2007): 183-206.
[v] Pritchard, Adam J., Amy Reckdenwald, and Chelsea Nordham. “Nonfatal strangulation as part of domestic violence: A review of research.” Trauma, Violence, & Abuse 18.4 (2017): 407-424.
[vi] Johnson, Margaret E. “Redefining harm, reimagining remedies, and reclaiming domestic violence law.” UC Davis L. Rev. 42 (2008): 1107.
[vii] Verdi, Nicole. “Releasing the Stranglehold on Domestic Violence Victims: Implications and Effects of Rhode Island’s Domestic Assault Strangulation Statute.” Roger Williams UL Rev. 18 (2013): 255.
Written By:-
Priya bharadwaj
