From this thread:
http://boards.straightdope.com/sdmb/showthread.php?threadid=55460
Someone brought up the points of Assault, Battery, and the whole schmeer that comes with it. My question is this: What is -
Tripler
Curious. I haven’t been charged for any 4 of those yet.
Assault is the menace, and battery is the hitting.
That’s why we have the term “adding insult to injury”, which prevents people from getting away with the same actual thing if it were accidental.
Aggravated assault usually means one caused alot of injury or used a weapon. Battery is contact, usually a beating. Assault is attempt to cause injury, even pointing a knife in some cases.
I think the terms and definitions may vary somewhat from one jurisdiction to another, but here’s an example from one state (Georgia):
[quote]
A person commits the offense of aggravated assault when he or she assaults:
[ol]
[li]With intent to murder, to rape, or to rob;[/li][li]With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or[/li][li]A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.[/ol] – O.C.G., 16-5-21[/li][/quote]
[quote]
A person commits the offense of simple battery when he or she either:
[ol]
[li]Intentionally makes physical contact of an insulting or provoking nature with the person of another; or[/li][li]Intentionally causes physical harm to another.[/ol]O.C.G. 16-5-23[/li][/quote]
The Encyclopedia Britannica article on assault and battery also discusses the terms.
(In other words, what the aptly named “Seen to it already” said, only more long-windedly.)
First of all, it is aggravated assault.
You must distinguish between the civil actions and the criminal actions. For the criminal actions, you have to refer to your local statutes. As posted prior, assault is the threat to commit battery. Battery is the actual physical contact. There are criminal sanctions and you can also sue in a civil action (tort) for damages.
Assault in a civil action is rarely employed. If some one says to you, “Next time I see you I’m going to kick your ass.” Well, try to bring a successful civil action on that basis. First, did he really mean it? Second, were you really apprehensive of having your ass kicked? If he really meant it or you understood that he really meant it and if you were really afraid of the consummation of that threat, then you would have an action in assault. If he then kicked your ass, you would have an action in assault and battery. If he did not threaten you, but snuck up on you and kicked your ass, you would have an action in battery.
Okay, lemme see if I have this straight . . .
In a nutshell, “Assault” is the implied threat of offensive force. “Battery” is the physical act of striking or otherwise wupping up on. “Assault and Battery” is the threat backed with the punch. “Aggrevated” usually involves a weapon.
So, last year when McSorely whacked Brashear upside the head with his hockey stick, that was Aggrevated Assault, because it involved a weapon. I think this makes sense. Thanks guys. . .
Tripler
Assault is not necessary an implied threat. It could be, and usually is, an express threat. And when the guy got hit by the stick, he was not assaulted, in the legal sense, but he was battered.
Assault & battery are kind of tricky in some states, though. For example, some states say that if you attempt to commit a crime, but are unsuccessful, you can still be changed with that crime. Under that theory, if you take a swing at someone, but they slip on a patch of ice and fall out of the way, you could be prosecuted for Battery because that is the crime you intended to commit.
I’d quote some cases, but it’s been a few years, and I’m too lazy to dig out the books anyway.
All that aside, the specifics of each crime can vary from state to state, but each state’s criminal code will have the definition used in that state.
[hijack]How about “Breaking & Entering”? Can that be split into separate crimes?[/hijack]
YMMV, but yes, I’ve seen “Entry w/o breaking”. “Breaking” w/o entry would probably be charged as "attempted B & E (of course in MI, they’ve now revamped some of it to be “home invasion”, so we can all feel safer)
I assume you mean forcing open a door but then changing your mind (or something like that)? Depends on precedent cases in your state. Might get away with simple vandalism, or you might be prosecuted for B&E.
Unrelated issue, but I recall a case years ago where a drunk wandered into the storage room of a bar, and passed out. He woke up to find himself all alone at about 5am, since nobody found him when they were locking up. He was going to leave, and decided he’d help himself to a case of booze, which he carried out to his car. At that point he’d comitted petty theft. Since the door was still unlocked, he went back in for another case. At that point, he was guilty of burglary, because the statute defined it as “entering a building for the purpose of commiting a crime.”
Duh! I completely overlooked entry into an unlocked building… Some states don’t state that a building need be locked to meet the “breaking” requirement. In those places, often entering an open a door is construed as “breaking” in, though it depends on what else happens.
[squawk 7500]
Okay, so what’s the generic difference between Burglary and Breaking & Entering?
Tripler
This is getting good.
You can “break and enter” w/o committing burglary, if you don’t steal anything. Burglary is robbery with breaking and entering.
Actually, Burglary is typically B&E plus theft.
Robbery requires a victim to be present.
At least in North Carolina, burglary is the entering of a dwelling with intent to commit a crime therein. I believe this definition comes from the common law, and may apply in other states as well. I think there was a requirement that the entry be at night, but that may be abrogated by newer statutory provisions.
The main reason the is discrepancy of the terms, is that every state defines them differently.
Here is Florida:
Assault-
a threat, and the immediate ability to carry out the threat
So if I said “I am going to hit you with a club” and I have NO club. Then there is no crime. Similarly, if I say, "I am going to shoot your ass tomorrow, there is no crime because there is no immediate threat there. Also, if you swing and miss a person, that would be assault. The ‘threat’ does not have to be verbal.
Aggravated Assault-
A threat with a deadly weapon.
If I swing a bat at your head and miss; If I hold up a knife to you in a threatening manner; If I point a gun at you. If I shoot at you and miss. (Sure they would try to charge you with attempted murder, but it will get dropped because this would not fit all the elements of attempted murder. It is an aggravated assault)
Battery-
any unwanted touching is a battery.
If I punch you, push you, smack you etc.
Aggravated Battery-
battery with a deadly weapon or battery that caused great bodily harm
If I stab you, club you, smack you upside the head with a baseball bat etc. Also, if I just pull out a gun and shoot you and you don’t die, that would be Aggravated Battery. (Again, they might charge you with attempted murder because they always try to charge you with something a little worse so the DAs have something to bargain with. The suspect thinks he is getting off by pleading guilty to agg battery instead of att murder. But this does not fit all the elements of attempted murder. This crime is aggravated battery.)
Felony Battery-
battery where serious energy occurred but was not intended
This is a strange one that a lot of street cops are not even aware of. The would be if you punch someone and he fell and busted his head open on the curb or something. Or you punched someone who happened to have a really fragile jaw and it broke or something. This is for someome who really did not mean to hurt anyone.
Assault and Battery-
No such term in Florida. Usually if you are going to be charged with a battery, you don’t get charged with an assault as well. Though, I guess, you could.
Burglary-
Using force to enter, or remaining in, a structure, dwelling, or conveyance with the intent to commit a crime.
This has nothing to do with stealing. Furthermore, it has nothing to do with breaking anything. If you open an unlocked car door just to piss on the guys nice leather seats you committ a burglary, if you come through the front door of my house and punch me you are a ‘burglar’.
Technically, if I am in sitting in my car with the window down and you get pissed off at me and decide to come over and punch me, this is a Burglary. You hand entering my vehicle is the ‘entering’ and hitting me (battery) is the ‘crime’. This is a battery.
If Rick is so pissed off at Steve that Rick goes into Steve’s house and puts a gun to his head and slaps him around a little bit, Rick committs a burglary. Also, when being charged with a Burglary, you also get charged with the other crime. Burlgary is a fun charge because there is an infinite number of combinations to make a burglary.
Breaking and Entering-
No such crime or term in Florida
Home Invasion- (just throwing this one in)
Busting in a person’s house for the purpose of robbing them.
This requires the people to be home, since there is no ‘robbery’ if there are no people. There is only theft and burglary.
Anything else???
BTW, a burglar does not have to be ‘at night’, though that term was in the common law definition I believe.
Sorry to hijack,
I asked this question before and never recieved a satisfactory response. What’s Aggravated Fraud ?
At common law, burglary was the unlawful entry, at nighttime, into a dwelling place with intent to commit a crime therein.
As has been pointed out, each state has slightly different statutory definitions for burglary, and may not require each of those elements.
In Virginia: