Elements of Assault & Battery

The law recognizes two types of assault and battery: (a) Intentional Assault & Battery and (b) Reckless Assault & Battery. Here, at Boyle & Carbone, P.C., we can provide a unique defense and help prove your innocence when charged with Assault or Assault & Battery. In order to prove an intentional assault and battery the state must prove three elements beyond a reasonable doubt: (1) That the Defendant TOUCHED the person of the alleged victim without having any right or excuse for doing so; (2) That the defendant intended to touch the alleged victim; and (3) That the touching was EITHER likely to cause bodily harm to the alleged victim or was done without the consent of the alleged victim.
 


In order to prove an assault and battery by reckless conduct the state must prove two elements beyond a reasonable doubt: (1)That the defendant intentionally engaged in actions which caused bodily injury to the alleged victim. The injury must be sufficiently serious to interfere with the alleged victim's health or comfort. It need not be permanent, but it must be more than trifling. For example, an act that only shakes up a person or causes only momentary discomfort would not be sufficient. (2) The state must prove that the Defendant's actions amounted to reckless conduct. A person acts recklessly if he knew, or should have known, that his actions were very likely to cause substantial harm to someone, but he ran that risk and went ahead anyway. In other words, a swing and a hit is an assault and battery. A swing and a miss is an assault.

Assault alone does not require an actual contact but does require placing the victim in fear of an imminent touching. Again, many times this is based on the reasonable person test, which was discussed in previous blog posts. Set up a free consultation to speak to an experienced criminal defense attorney at Boyle & Carbone, P.C. today.