Assault and Battery

ASSAULT AND BATTERY 4

Assaultand Battery

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Assaultand Battery

Anassault is an unlawful effort to inflict bodily harm that createsfear of injury to the victim. Whereas a threat is considered as anassault, there has not been any physical harm evidenced. Assault isalso described as an attempted battery. An assault is consideredvalid if one proves that there was an act that intended to createfear on them and they would be harmed. (Schmalleger et al., 2010).Equally, the plaintiff must give evidence of threat and fear.

Onthe contrary, battery is described as an illegal physical contactagainst a person that will causes harm to the victim. An individualis guilty of battery if he intended to harm another person. The Jurymust prove beyond any reasonable doubt that there were physicalinjuries inflicted on the victim and there was the use of unlawfulforce (Van &amp Jenkins, 2011). Another element is that the act mustbe intentionally planned to inflict injury to the other person.

Larcenyis widely referred to as common theft. It is the act of takingsomeone’s belongings without his or her consent. More often thannot, larceny does not use force. Most states categorize Larceny as acrime, and incorporate certain elements as proof (Van&amp Jenkins, 2011).For instance, one must demonstrate the presence of an unlawful takingof property and also the intention to deprive the owner of the rightover his property.

Burglaryis a crime categorized as theft. It involves breaking and enteringinto people’s premises with the intention of committing an offence.An individual is charged on grounds of burglary if it is proven thatthere was an element of trespass that signifies the lack of consentfrom the owner. The intent to commit a crime and intrusion into one`sproperty must be proven. Anothercommon type of crime is robbery. This is an attempt of takingvaluables by force from a victim. Threat and fear are inflicted onthe victim (Van &amp Jenkins, 2011). This is charged as a Larceny indifferent jurisdictions though the penalty for robbery is more severethan that of Larceny. Intimidation is a key element in robbery andalso all other elements in Larceny applies. Robbery occurs indifferent forms. For instance, armed robbery that involves the use ofa lethal weapon to threaten victims. It is vital to note that thepresence of a weapon and other key elements in robbery are deemedparamount.

Reference

Schmalleger,F., Hall, D. E. &amp Dolatowski, J. J. (2010). Criminallaw today (4th ed.).Upper Saddle River, NJ: Pearson Learning

Van,R.V., &amp Jenkins, E. (2011). Assaultand battery: Albany New York.