Law Essay Example | Topics and Well Written Essays - 2000 words - 2

Law - Essay Example Throughout, the law treated the threat of physical injury as assault while battery was considered the complete contact to cause harm. This version of the distinction is no longer valid as compared to the physical contact hence null and void. For Hilder to be taken to the hospital after being hit by the husband with a chair leg by the husband Billy is a clear example of Assault or battery to mention. The act is worsened when Billy further exposes their violent acts to the public through putting a slap on the face of the nurse, which prompts the calling of the police to arrest Hilder’s husband. The arrest of Billy for assault is much in pace and if prosecuted would be liable because there is the medical evidence of physical injury and as well the two children aged five and eight also could act as witnesses to the aggravated violence case. This is because assault or battery are an example of the widely known criminal offenses given that their occurrence vividly brings to the mind s of the victims scenes of fight or violence in line of the aggravated acts (Brannigan 2012). Legally the two terms or concepts are quite distinct and hence their punishments are quite different with the determination of battery attracting vast penalty as compared to whether it is simply an assault. In their determination and proof against or for the parties concerned in the argument, have to clearly breakdown the concepts into their respective elements. In handling of this case we will look at the case clearly while even defining all the defenses available for the accuse persons and the look at the penalties to be faced in the cases of the sentences by the respective offenders (Gore 2007). The act by Billy on the wife Hilder will amount to assault due to the mere fact that the definition of assault and battery is nowadays not factually differentiated. Otherwise, the factual definition of assault as it remains in the other states is that the conviction for assault will still need th e existence of the criminal act since an assault will require a direct act to put another individual to a reasonable fear. This therefore dispels the notion of spoken words alone being considered assault not until the offender backs them up with relevant actions that make the recipient in a position of foreseeing imminent danger (Reddington & Kreisel 2005). For a person to be considered to have committed an assault the individual only needs to have shown the general intents, Billy though has gone further to hit both his wife and the nurse intensely injuring the wife after he pretends to be going to see the wife in the hospital which is the most unlikely case they would witness. It means that someone can hardly assault another person accidentally but they have to act in a manner likely to amount to a cause of terror to the offenders. Therefore, if an individual acts in a way that's considered dangerous to other people that can be enough to support assault charges, even if they didn't intend a particular harm to a particular individual which will be in the intention to scare or frighten the