Understand the Difference between an Assault and a Battery

Assault and Battery are very common violations that mostly lead to personal injury cases. The definitions of these violations are different but still are present in all the law traditions. So while being in a foreign country it is better to know the local definition of these offences to avoid them. As for assault in the common law tradition, it is the tort of acting intentionally and voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact. Assault as a tort requires intent, so it is an intentional tort, as opposed to a tort of negligence. Also assault can happen even if the assaulting individual has no actual ability to carry out the apprehended contact. This is useful for cases when someone threats a person with a toy gun for example. Battery in common law tradition is the tort of intentionally, or in some lands negligently, and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them for example a hat of a purse. The difference from assault is that battery involves an actual contact. Actual contact in this case can occur not only between two people, but also between an object or item used by the person that commits battery. For example intentionally hitting a person while driving a car, or throwing a stone at someone can be classified as battery.

In Canada like in the United States there are many ways in which an assault can actually occur. This helps to regulate various situations in which criminals try to avoid punishment by assaulting people by non standard means. Originally assault means that a person directly or indirectly applies force intentionally to another person, but assault can also occur when a person attempts to assault another or threatens to do so without the consent of the other person. An assault not necessary means that the assaulted person was injured. The main thing defining assault is that the used force must be offensive in nature with an intention to apply force. In some cases even taps or pushes are considered to be an assault, still an accidental application of force is not an assault.

Assault is defined in section 265 of the Canadian Criminal Code. The sections from 266 to 272 define various types of assault like: Assault with a weapon (266), Assault causing bodily harm (267), Assaulting a peace officer (268), Sexual assault (270), Sexual assault with a weapon or threats or causing bodily harm (271), Aggravated sexual assault (272).

Usually a person is charged with Assault and Battery if he or she participated in a fight. Getting into a fight for an adult is not a very common thing mostly fights occur between kids, and because kids usually don't think about the consequences fights can lead to serious legal problems not just for the participants, but also for their parents. In this case the minor will be judged basing on the Youth Criminal Justice Act.