Assault and Battery - Punishment
Punishment
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.
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about 1 year ago
Christian » motoguy08 ((at)) hotmail dot com
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
about 1 year ago
Doug » d55mi ((at)) yahoo dot com
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.
about 1 year ago
wronged » ww7159 ((at)) dragonbbs dot com
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 ?
over 2 years ago
dogg » doggnuttz38 ((at)) aol dot com
what if the person was attacking out of fear or duress of fear to ones self or family?