While the definitions of degrees of assault or battery vary by jurisdiction, the most common defense to an assault or battery charge throughout all jurisdictions is mutual consent. Further readings. (Professional nursing & ethics). The Danger from Strangers: Confronting the Threat of Assault. Assault is the threat of harm (includes perceived threats) and battery is actual physical contact. Battery and Assault are two terms which are commonly used in criminology. While assault is the attempt at violence, battery is the act itself. Start studying Assault, battery, False imprisonment. Both these words originate from the same scene and give the impression of having a similar meaning which is true in most cases, but there are slight differences between them which are therefore presented properly during a court proceeding or filing of a report. The key element of battery is that the touching be unauthorized, not that it be intended to harm the person. $1,000 fine; 6 months to 1 year in jail). California Penal Code § 242 as "any willful and unlawful use of force or violence upon the person of another." Assault is the threat of violence while battery is physical violence. Main Difference. Brewer, J. D. 1994. Mutual consent is when both parties agree to the situation, meaning that there was not a one-sided attack. Simple battery is a Class A misdemeanor (max. ... What is the Nursing Code of Ethics, and what is its purpose? Thus forcing beneficial care on an unwilling patient would be battery. Battery, though also considered a violent crime, is a different type of offense. Battery is a criminal offense, and it can also be the basis of a civil lawsuit. A value is a personal belief about the worth of a given idea, attitude, custom, or object that sets standards that influence behaviors. The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. All aggravated batteries are felonies. Learn vocabulary, terms, and more with flashcards, games, and other study tools. When the offense is committed with an intent to murder or do serious harm, it is called aggravated assault and battery. Battery—physical harm through willful touching of person or clothing, without consent. The Main Difference Between Assault and Battery. Examples are assault, battery, invasion of privacy and defamation of character. It’s aggravated battery if there’s “great bodily harm.” It's also aggravated battery if there is an aggravating factor. Assault and Battery are two different criminal charges that can be put against guilty person. Assault vs Battery. Assault—the attempt to touch another or the threat to do so and person fears and believes harm will result. B. Most of the factors that aggravate an assault also aggravate a battery. 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