Bullying, Violence and Gangs
Assault and battery
An assault is an intentional or reckless action which brings about the apprehension of the immediate infliction of unlawful force in the mind of the person to whom the action is directed. Words may amount to an assault if the words bring about an apprehension of the immediate application of force in the person to whom the words are addressed. Aiming a punch at someone is an assault, even if the punch does not land upon that person. The punch brings about the apprehension of the immediate application of unlawful force. It is an act of hostility without any lawful justification. If the punch lands upon the intended victim, that is, in law, a battery. A battery is the intentional or reckless touching of another person without that person’s consent. Unlawful force has been inflicted upon the victim. For convenience the word “assault” covers conduct which amounts to a battery. There may however be a battery without an assault. A person struck from behind is unaware of what is happening until the blow lands: there is no apprehension of the immediate application of unlawful force.
