Compare Assault, Battery, and Crimes against Persons

Assault, Battery and Crimes against Persons
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Introduction
An assault is an act that threatens body harm and that is joined with an apparent and present ability to cause the harm. Battery is concerned with the right to have someone’s body left alone by others. Both battery and assault are crimes against persons. Crimes against persons refer to a wide range of criminal offenses that usually involve bodily harm, threaten to harm the body or other acts committed against the will of a person. The difference between the two is slight just as it is between crime of false imprisonment and kidnapping. There are similarities and differences between assault and battery and the jurisdiction the crime occurs may determine whether the defendant will be charged with either of the crime.
The main difference between assault and battery is that, the case of assault is just a threat from the criminal to the victim and there is no physical harm while for battery there must be physical contact between the victim and the criminal (Animasahun, 2006). Another difference is that for if one is charged with battery then he is subsequently guilty of assault while when charged with assault there is no battery charges. Proving a battery charge is easier compared to an assault charge since battery has physical evidence and assault does not have. Also, battery charges against a criminal are tougher than assault charges.
The similarity between Assault and battery is that both can qualify as a crime and a tort hence can result to criminal or civil liability. Both crimes are crimes against persons. Example of an assault is when a police man argues with a civilian on personal issues and he gets his gun points at the civilian and tells him to leave him alone or else he will not like the end results. On the other hand battery is when a robber hits a victim with a gun on the forehead to make them surrender their property to them.
The jurisdiction of the offense should consider charging the man with assault charges since the criminal grabs her from the road leads to her an alley and starts to undress and it is at night. This should be considered attempted rape and that is going to harm the victim’s physically. The offender has posed a possible physical threat to the victim. The jurisdiction though should punish the man of battery since the man touched the lady and undressed her thus violating her right to have her body left alone by other and he slapped the girl too. The slap is physical harm to the body of the victim and any other injuries she got during the struggle can give a strong case against the offender (Daly, 2006).
Charges in this case may change from assault and battery or both to consensual touching. This will be possible if the lady fails to prove that the attacker intend to rape her hence he posed no physical threat to her body. I this happens then assault charges can not be labeled against the attack. But this will require that the attack is not found guilty of battery too and therefore the situation will be assumed to have been consensual tou...