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Assault/Battery


In most states, an assault/battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states declare that a more serious or "aggravated" assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon. Historically, laws treated the threat of physical injury as "assault", and the completed act of physical contact or offensive touching as "battery," but many states no longer differentiate between the two.

For information on personal injury ("tort") cases involving assault and battery, visit the Assault and Battery section of FindLaw's Accident & Injury Center.

Learn About the Law


CA

Assault and Battery
Penal Code Sections 240-248

Federal

Assault
18 USC Chapter 7

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