Personal Injury from an Assault | Chiacchia and Fleming
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- Personal Injury from an Assault | Chiacchia and Fleming
The crime of violence against another person is called assault. While some jurisdictions consider assault to be actual violence some other jurisdictions refer to the threat of violence as assault while the actual act of violence is called battery. At common law criminal assault was an attempted battery. The elements of battery are:
- A volitional act
- Act is done for the purpose of causing an harmful or offensive contact with another person or under circumstances that make such contact substantially certain to occur
- Which in turn causes such contact
- A battery is throwing a rock at someone for the purpose of hitting them if the rock in fact strikes the person and it is an assault if the rock misses.