Compression And Battery Law: The Laws Of Assault And Battery Law

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Laws of Assault
According to Bergman, crime against persons refers to an offense which by its nature involves the risk that the offender will use physical force against another individual (Bergman, 2016). For example, an assault is a crime against an individual which includes attempts of causing body harm to another person using a weapon such as a gun. Such crimes are punishable, and depend on the jurisdiction where the offender might serve some jail time. Most states stipulate policies which protect its citizen legal rights. Assault and battery laws help determine the degree of the crime together with punishment depending on the statute of a country.
In the state of Ohio, crime laws include cases of both battery and assault against an individual.
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In this law, the state prohibits simple assault that the rules define as knowingly attempting or causing physical harm to another person’s unborn child or against an individual. The law also defines negligent assault which takes place when an offender uses a deadly weapon in the act. According to this law, a felony assault is causing serious harm to another person whereas aggravated assault is causing severe damage under extreme anger or influence of sudden passion through the use of a …show more content…
In such a case, the defendant must commit assault with the intention of creating danger or a state of fear in the victim. This means accidental actions are not acts of battery. Another element is reasonable apprehension. In this case, the victim has a reasonable belief or thought that the defendant will harm them hence the victim needs to perceive the acts of the accused. The third element is of imminent harm. In this situation, the victim experiences fear due to a threat that is about to take place. Assault charges do not include threats which do not instill fear on a victim. The harm must present evidence of apprehended physical harm on the victim hence words or statements only do to constitute an offense against a person. The fourth element is that of actions which are either offensive or harmful. The defendant’s behavior conduct must show a physical threat or offense. The elements must be evident in a case for the jury to pronounce the offender as guilty of committing an assault to another

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