What is the difference between assault and battery?
In such jurisdictions, assault (also called attempted battery) is a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact, whereas battery is a physical act that results in that harmful or offensive contact.
Domestic battery charges start with a basic assault or battery allegation. The charge is also called domestic violence, domestic abuse, or assault family violence. Even though very similar to a regular criminal battery allegation, domestic battery charges can result in more severe consequences.
- Felony domestic violence is more serious than misdemeanor domestic violence. Misdemeanors are punishable by small monetary fines and/or jail sentences of up to one year maximum. A domestic violence felony charge can result in the following consequences: Heavier fines, sometimes several thousand dollars.
- Also, in some municipalities domestic violence results in misdemeanor charges for the first two offenses. If the defendant is charged with a third domestic violence offense, it will usually result in a felony. Felony charges result in increased fines and possible sentencing in a prison facility for more than one year.
- Under a federal law called the Lautenberg Amendment, if you've been convicted of a domestic violence misdemeanor, you can't own or buy a gun. If you're caught with one, as Voisine was, you can face up to 10 years behind bars. In 2011, Voisine was charged with unlawful possession of a firearm by a prohibited person.
Battery is a criminal offense involving the unlawful physical acting upon a threat, distinct from assault which is the act of creating apprehension of such contact. In most cases, battery is now governed by statutes, and its severity is determined by the law of the specific jurisdiction.
- Lead and lead dioxide, the active materials on the battery's plates, react with sulfuric acid in the electrolyte to form lead sulfate. The lead sulfate first forms in a finely divided, amorphous state, and easily reverts to lead, lead dioxide and sulfuric acid when the battery recharges.
- The elements of civil battery are:
- Intent (not criminal intent to cause injury, necessarily, but intent to commit the act)
- Contact (non-consensual contact with the individual or his/her effects, such as clothing)
- Domestic violence (also named domestic abuse or family violence) is violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation.
Updated: 18th November 2019