Assault and battery are two actions that constitute domestic violence. While they are similar, assault only presents an attempt to injure, whereas battery demonstrates actual contact. To be charged of assault, no contact needs to have occurred. To be legally characterized as battery, the action must posses three factors: intentional touching, the touching is harmful, and there was no consent from the alternate party.
The keyword for assault is intent. Whether or not someone harms his/her partner, they can still be charged with assault. Verbal arguments do not present strong evidence for assault, however situations that present a violent, no-contact action do.
By definition, battery is when there has been a harmful or offensive action against another person, in which touching is involved without the victim’s permission. Broken down, the definition outlines three factors for an action to constitute battery: it is intentional, harmful or offensive, and unconsecrated. Even if the action doesn’t inflict harm or pain, it can still be offensive, and therefore can meet this requirement for battery.
Assault and battery can be tried together, as they often intertwine. However, even if there is no conviction, an accusation alone can present obstacles in one’s life. There is a range of consequences for being charged of assault or battery, with heavier repercussions for the more extreme cases.
Waukesha Criminal Defense Lawyers may attest to how this form of domestic violence can inflict damage in every dimension of life. Often, assault and battery can be considered and tried together, as they often intertwine. While it is important to decrease the rate of domestic violence, it is equally important to protect those that are fighting for justice as a result of it.