Essay On Assault And Battery

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In the scenario case that we were given there are a couple different types of assault and battery that might have been committed. The first one is simple assault this is defined as: the intentional act by an individual, which leads to apprehension in other individuals that there is imminent offensive contact or harm (Pollock, 2012). Simple assault occurs through a threat to bodily harm that is accompanied, by a present and apparent ability, to cause harm. Assault is a tort and a crime, and this means it could lead to civil or criminal liability. Simple battery, on the other hand, is the unlawful and/or unauthorized utilization of force to another individual’s body that leads to that person being physically injured or even being offensively touched (Pollock, 2012). Both assault and battery, are considered to be misdemeanors and only carry a year or less in jail. The other type of assault and battery that might have been…show more content…
This is because a deadly weapon was actually used. First, even if her husband did threaten her, it was only verbal and was not accompanied by any physical action. There is little perceived fear that we can attach to Sharon and no reasonable basis why she should have been scared. She also had the chance to leave the table and retreat away from her husband but actually chose to hit him over his head with a bottle. In addition, majority of jurisdictions consider force that can lead to serious bodily harm; for example, a bloodied head, as being equivalent to the use of a deadly weapon (Siegel & Senna, 2008). Sharon was already guilty of, aggravated assault and battery when she put her husband in fear of bodily harm. In fact, the harm does not necessarily have to happen, and the fact that it did makes it even more difficult to argue against the use of a deadly weapon (Siegel & Senna, 2008). The fact that Sharon not using a deadly weapon is not true makes this argument very

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