Thomas A. King, P.C. |
Assault and Battery Assault
and battery-
An assault consists of words coupled with actions.
Words alone are not enough. An
unlawful, intentional show of force or an attempt to do physical harm to another
person. Assault can constitute the
basis of a civil or criminal action. Stated
differently, it is a show of force accompanied by an unlawful or unjustifiable
demand, compliance with which will avert the threat, amounts to an assault.
Any touching by one person of the person of another in rudeness or in
anger is an assault and battery. Example:
Pounding on a woman’s door, making every effort to get into a woman’s
apartment, threatening to kill her if she took him to court, would be sufficient
to arouse apprehension of harm. Sexual harassment that includes an unwelcome touching, such
as fondling without her permission, constitutes an assault and battery.
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