Quote:
Originally Posted by Sauer Grapes
The common law definition, in pretty much every state is that assault is an action that causes apprehension of imminent physical contact of a harmful or offensive nature. Battery is contact of a harmful or offensive nature.
These aren't statutory (criminal) definitions, which will vary from state to state, but these are the accepted legal definitions. Also, there can be both assault and battery, or just one.
|
I'm a little removed from 1st year criminal law at this point, but I don't think that's correct. As far as I recall, if there is a battery, the assault merges into it. Sort of like an attempted murder charge merges into the murder if you commit one. One does not get charged for both attempted murder and murder of the same person.