Assault and Battery - Punishment
damages defendant victim committed
The law considers an assault and battery to be an invasion of the personal security of the victim for which the wrongdoer is required to pay for damages. The determination of the amount of damages to which a victim might be entitled if a defendant is found civilly liable is usually made by a jury. Generally, a plaintiff is entitled to COMPENSATORY DAMAGES that compensate for injuries that are both directly and indirectly related to the wrong. Examples of compensatory damages include damages for pain and suffering, damages for medical expenses, and damages for lost earnings resulting from the victim's inability to work. Nominal damages, given although there is no harm at all, or merely a slight one, may also be awarded in an assault and battery action. Some jurisdictions allow the award of PUNITIVE DAMAGES. They are often given when the offense was committed wantonly or maliciously to punish the defendant for the wrongful act and to deter others from engaging in similar acts in the future. The defendant might additionally be subject to criminal liability.
If a defendant is found criminally liable, the punishment is imprisonment, a fine, or both. The amount of time a defendant must serve in prison depends upon the statute in the particular jurisdiction. When the offense is committed with an intent to murder or do serious harm, it is called aggravated assault and battery. An aggravated assault and battery is often committed with a dangerous weapon, and it is punishable as a felony in all states.
User Comments
4 months ago
Hello,
I was a freshman in college this first semester.I was attacked by someone who i thought was a friend her sister kept calling asking me to help her fix her hair.i told her i would so one girl meet me in the dorm walked with me to the room opened door 1 of my so called frinds was setting on bed smilingi walked in and the other girl jumped on me from behide while the others watched.when i finally made it out i had some scratches and brusise i stayed in my room the next 35 hours come monday they were making threats that if i told next time would be worse.my parents made me turn them in i did a hardship with draw after reporting it because out of theses 3 girls all said to be on pobation for assults and battery charges in there home towns.I left campuse and stayed with a friend and family till parents could send money to come home with.was not on campuse they came where i was at 4 this time went in my car and stole my computercalled police the college has done nothing to them and we are still trying to see what the police are doing.the dean asked me why was i withdrawing i told her i felt very threated. my parents thought this would be a good private college it was small and only 4 1/2 hours away what should we do the college.now i ve lost my grants and scholarships student loans and everything.Help please let me know your thoughts events occured from oct.1 thru oct.3 2011
7 months ago
vicki
my husband was punched in the face by a man whose dog came after my husband and my 13 year old son
.they had our dog with them. the man would not call off his dog and my husband attempted to chase the dog away twice the second time the dog charged at them growling as the owner watched. he started to yell obsenities at my husband who cursed back at him. my husband was holding onto our dog as he was fearful of giving the dog to my son. the owner pushed my husband several time and when my son yelled out for the man to leave his father along the man yelled obsenities at my son and called him names at that poibnt her punced my husband in the face breaking his glasses and injurying his eye at that point the attempted to kick my dog and triend to stomp on the glasses as this did not work as i was in his way he kicked my husbands water bottle done the street.we were less then a block from thospital where i work as a nurse. he was seen at e.r. had a ctscan and now has difficulty seeing also my son has been tramuatized, has had nightmares and fears for his father as now the man has been driving by our house. my husbannnd is phyiscally disabled.the man was not arrested and we had to write a statement to the police and they were to come to our home today to take pictures of the injuries but did not do so. the man is avoulnteer fireman and a counselor for troubled children so iam afraid that he will not be prosecuted.after we saw the officer at the hospital he said he was going to see the man who attacked my husband and they were seen on the mans porch laughing.
almost 2 years ago
Hello. I am a junior in highschool and I have been charged with battery. I was charged with battery because I had fought against this senior who I thought was threatening me. It all started on tuesday of that week and I got a message on facebook saying that he did not like me and wanted to fight me. So I deleted the message and just brushed it off as being completely random. Next day at school alot of people were coming to me telling me he wanted to fight me and stuff. They also told me that he was going to get his senior buddies to join in. So That day I wanted to figure out what was going on so I went to the gym were he was at. I never heard any of this from him so thats why I went. I then went into the gym room and I was told that the seniors were trying to jump me. So my friends who are juniors were telling me they had my back and stuff. So people started taking out there phones and my friend walked up to the guy and hit him. My friend then walked away and he was getting up looking at me so I hit him. I also hit him because I felt threatend that if I didn't do it then I would be jumped. So after I hit him he fell and alot of people started fighting but he was on the ground getting hit. It was a junior vs Senior fight and the kid who all the seniors were saying wanted to fight me all were fighting while he was being beaten. The fight was also caught on camera and the police do have it. I admit to fighting and hitting the guy but what do you think my punishment will be for this. This is my first offence and I have no history of things like this. I just felt threatend to the point that I must fight or I would of been me getting beaten instead of him. Can someone tell me with all this information what do you think my punishment will be.
about 4 years ago
is the punishment different for a black belt in martial arts ? is the punishment different if the attacked party caused " lose of affection " or (another term close to that) that he caused due to an affair with the black belts wife ?
about 1 month ago
Noemi
My daughter got arrested at school for getting into a fight on school ground. My daughter was responsible for the fight and this is her third fight at school. What will her punishment be at court?
23 days ago
Assault and Battery - Punishment
12 months ago
I'm sophomore in high school and this kid who is a freshman grabbed my girlfriends butt. I know that it isn't even that big a deal, but it's bothering me a lot and I feel like I need to do something about it. This kid and his friends have apparently wanted to fight me and my friends before, but we never did. I really feel like i need to confront him, but i need to know the legal consequences first. My father is an attorney but i don't want him to worry. Can someone please help me out with the consequences please. Thank you.
over 1 year ago
Hello! I had a dear friend at my house today and my neighbor who was beyond drunk and no telling what else came on to the property that I rent from where my family and I live. He came down bothering my friend tryin to get her to go to his house for a little one on one she is a sick lady with many health problems on top of having one arm so she is disable. He started my touching her face down her neck then went as far as to put his hands on her breast not once but twice! he got upset because he wasnt getting the responce he was looking for he then pulled out a large hunting knife a buck knife and had the guts to hold it 2 inches from her throat. Told my friend he knew how to use it! Along with telling her he beat other women and he wasn't affraid of beating her! Statements were made by 3 witness including the victim we then went to the police dept and charges were pressed the magistrate told me there was at least 4 charges if not more in the statements. He gave a court date of Nov. 3 but to top it off the office put him in the front of his car no handcuffs took him to the police station and believe it or not the cop also brought him back home! What? how? said he sighned ROR which means he gave a promise to leave us alone! So now I have to loose sleep in fear of a nut case coming to my house slicing my throat and my childrens and my friends! Can anyone out there help or TELL ME WHY HE GOT TO WALK when he pulled a knife on a handicap woman with one limb, but if he had been out drinking and driving and caught he would be behind bars is it because the officers and higher ups and their families could possible be on the same road at the same time as this quack and he kill their loved ones? Is justice really for the victims or the criminals?
over 3 years ago
Im a senior in highschool and this kid who i have never met or talked to in my life starts calling and making threats saying that im a *%$#@!...ect. He then tells me to meet him somewhere so he can fight me. Me along with my three freinds who i brought as whittnesses went to where he wanted me to meet him at. At that point he got in my face and i punched him, he then proceded to kick me, so i punched him again, probably a total of three times. He now claims that i sent him to the hospital becouse he had to get stiches in his leg ( i never once touched his leg) and i think he cut it himself to get me introuble. Im 18 and this kid is 16 but hes bigger than me in the first place and started it. I know im in the wrong in the first place for even showing up where he told me to go. It was stupid. But please help me out i dont know if hes going to go to the police but what are the consequenses should he take me to court. I have whittnesses that say he instigated it and whittnesses that say he had no cut at the end of the fight on his leg. Please send me any information if you can. Thankyou
almost 4 years ago
Does the punishment go against the one that was harmed when they don't fight back since the assault took place on a military base and the civilian knew that he would be fired if he tried to defend himself. The person that assaulted had only asked that the individual go to his office after he was disrespectful to a Military Officer. The Civilian had more time and grade than the Military person that committed the crime. His punishment was a STEP Promotion and the person that was Jabbed in the Left Eye has already had to have 8 pairs of glasses in the past 19 months and at least 15 Eye Exams. Person is still out of work on workman’s comp. Military leadership blames the person that got injured. I know that this all seems far fetched but I speak the truth. Please Help so I can assist in getting this problem resolved. This is a true situation.
over 4 years ago
what if the person was attacking out of fear or duress of fear to ones self or family?