United States of America v. Bryant James Ross

Pierre, South Dakota, criminal defense lawyer represented the Defendant charged with assault and battery.



Assault is an act that causes someone to fear imminent physical harm, while battery is the physical act of applying force to another person. The key difference is that battery requires physical contact, which can be offensive or harmful, whereas assault does not, according to some jurisdictions. Some states, like California and Texas, use a combined "assault" charge that can cover both the threat and the physical contact, reports Super Lawyers, The H Law Group, and Justia.

Assault



Definition:

An intentional act that places another person in reasonable fear of an imminent battery.



Examples:



Shaking a fist at someone in an aggressive manner.



Taking a swing at someone, but missing.



Key point:

It does not require actual physical contact, but does require a physical action or threat. Words alone are generally not enough.



Battery



Definition: The unlawful application of physical force to another person.



Examples:



Punching someone in the face.



Throwing an object at someone.



Key point: It requires actual physical contact, which can be offensive or harmful, even if it doesn't cause injury. It is often considered the culmination of an assault.

The Defendant was found guilty and was sentenced to 72 months imprisonment to run consecutively with the sentence imposed in CR 24-30080; 3 years supervised release to run concurrently to the sentence imposed in CR 24-30080; $100 special assessment