In day-to-day parlance, many people use the word "assault" loosely - and differently from the legal definition. A man might say that his friend was "assaulted" in a bar fight, in which the friend exchanged blows with another person. Although his friend may have been assaulted, if the speaker meant that the friend had been hit or that the other person actually made contact, the word "battered' would be more correct. This is true at least from a legal perspective.
An assault is usually a movement or an action designed to strike fear into a person that he or she is in imminent harm or at immediate risk of being struck - perhaps with a hand, a knife, a bullet, or even a motor vehicle. A battery, on the other hand, generally occurs at the moment the harm takes places; that is, when the person is hit by the aforementioned palm, blade, or other item.
These usages of the terms assault and battery are fairly constant in both civil and criminal law. For example, Andy can be charged with assault in a criminal court for threatening Beatrice with a knife. He could receive a prison sentence, probation, or other criminal penalties if he is convicted by a judge or jury. Beatrice's recourse against Andy would lie in the civil court, where she could sue him for the tort (civil wrong) of assault and, if she were successful, recover monetary damages from Andy. In a criminal court, the State Attorney would have to prove beyond a reasonable doubt that Andy assaulted Beatrice in order to obtain a conviction. Beatrice, meanwhile, need only prove the assault by a preponderance of the evidence in most civil court cases in order to be awarded damages. Beatrice could also obtain an order of protection, also known as a restraining order, to prevent Andy from coming near to her.
If you have been accused of a crime in Miami-Dade County or elsewhere in Florida, call the experienced Miami criminal defense attorneys of Musca Law.
