Assaults immediate harm.[4] III. PENALTIES FOR ASSAULT

Assaults
and battery basically mean the same thing and eventually prosecuted together
andit is often paired together as one offense.

The
reason for this is, when someone commits battery, they usually have the intent
to harm, and threaten the person before committing the physical act and it is
the harmful touching of another. But in fact, they are two separate crimes
under the same umbrella.1

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In
most jurisdictions, assault
and battery
is a crime committed when a person attempts to physically harm another person,
and acts in a way that causes the victim to fear that he will be harmed.

While
assault and battery were traditionally classified as two very distinct crimes,
modern laws pair them together as one offense.2

The
definition for crime of assault itself varies from state to state, but the word
is often defined as an attempt to injure someone else and includes threats
behavior against others.

Battery
is defined as an intentionally touching of, or application of force to the body
of another person in a harmful or offensive manner, it is always confused with
assault, which is merely the act of threatening or placing another person in
fear. A battery is always preceded by an assault, which is why the two terms
are often used transitionally or combined as assault and battery.3

II. HOW THE CRIME
OF ASSAULT AND BATTERY ISCOMMITTED

Assault
and battery occurs when one tries to or does severe injury to another person,
or cause injury through use of deadly weapon or may not use weapon but conduct
that crime and injures another person.

It
is also done when one tries to or does physically strike another or acts in a
threatening manner to put another person in fear of immediate harm.4

III. PENALTIES FOR
ASSAULT AND BATTERY

The
penalties and sentence for assault and battery convictions can vary widely
depending on the law of the state where the offense was committed, as well as
the circumstances of each case.

Punishments
range from fines to imprisonment, depending on severity of the offense and the
offender’s criminal history.

Individuals
who are first time offenders may receive more leniencies while those who have
an extensive criminal record or repeated instances of violent conduct or those
that have been involving in such crime may receive stiffer penalties.5

III.1. PENALTIES FOR ASSAULT AND
BATTERY IN RWANDA

According
to Rwandan law as it is written in the penal code, if assault and battery
result from lack of foresight and precaution, the offender will be liable to a
term of imprisonment of eight(8) days to two(2) months and a fine of one
hundred thousand (100, 0000) to five hundred thousand (500,000) Rwandan francs.6

Any
person who committed aggravated assault and battery and intentionally causes
injuries to another or beats or any serious act of violence against another
person is liable to a term of imprisonment of six (6) months to two(2) years
and a fine of one hundred thousand (100, 0000) to five hundred thousand
(500,000) Rwandan francs. If the offender has acted with the ambush, this
person is liable to term imprisonment of two (2) years to three(3) years and a
fine of one hundred thousand (100, 0000) to five hundred thousand (500,000)
Rwandan francs.7

 

III.2. EXAMPLE OF A CASE ON ASSAULT
AND BATTERY

An example of a case on assault and battery is the
case of a professional footballer who sexually assaulted a twenty-six years
old, police officer Rebecca Sledge 8

The
case of MUNYANTORE Celestin who was accused of committing assault and battery
against NYIRAHABIMANA Placidia that later led to death.

It
is said that MUNYANTORE Celestin committed a crime that is punished by the
article 151 of law no 01/06/2017of 02/05/2012 constituting the penal
code and the accused pled guilty to the case against him because he accepted
that he pushed NYIRAHABIMANA and fallen down. So, this means that he should be
punished according to the law that punishes assault and battery in Rwanda9

IV.
TYPES OF ASSAULT AS A SINGLE CRIME

Assault
as a crime itself which is the attempts to physically harm another person, and
acts in a way that causes the victim to fear that he will be harmed has got
some types and such types include the following:

Felonious assault,
this refers to an unlawful attack or attempted attack, accomplished through
force or violence that causes physical injury to another person. This type of
assault involves the use of weapons and/or serious injury. If a weapon is used,
an attack is deemed a felonious assault even if no injury occurs. But there
need not be a weapon for this designation.

If
a serious injury occurs due to an assault using hands, fists, or feet, it is
also deemed a felonious assault. Therefore, both serious resulting injuries and
the use of weapons are triggers for a felonious assault.

Assault
and battery is an example of a felonious assault. This is a type of incident
that results in actual contact made and creates a need for medical attention to
the victim.

Simple assault: this
type of assault occurs when a weapon is not used and the resulting injuries
that are caused to the victim are not too serious or minor in nature.

Physical assault: this
is where an assault committed causes fear by threatening, such as prior to the
commission of a murder or aggravated assault.

Aggravated assault:
this is committed when a person uses a weapon and/or an amount of increased
force against another person.

Sexual assault;
this type of assault occurs when one uses force against the will of the victim,
resulting in a rape, molestation, sodomy or similar sexual offense.

Verbal assault:  this is a type of non-physical, oral assault
that leads to an emotional, mental, and/or psychological injury to the victim,
rather than a physical bodily injury.10

V. DEFENSES TO
ASSAULT AND BATTERY

There
are defenses that a person can use to defend himself for committing the crime
of assault and battery, and the most popular defense is the claim of
self-defense.

The
defendant will argue that he committed the assault and battery only because it
was necessary for him/her to protect himself/herself from attack. In other situations,
the defendant may seek to prove that he did it to protect another person from
harm.Although some person may have been touched in a forcible or offensive way,
the defendant’s actions are justified because they wereprompted by a desire to
help or rescue the person who was in a dangerous situation and this may be the
major cause for committing this crime.11

 

V.1. CONSEQUENCIES FOR CRIMINAL
CONVICTION OF ASSUALT AND BATTERY

Assault and
battery being crime like other crimes has got some effects/consequences to the
person involved in that crime and some of these consequences include the
following as listed below:

It could be on your record for life.
There would be an imprisonment.
Parole or
probation. 
Anger management classes.
There would be significant payment of fines
imposed to the person convicted the crime.
Possession of firearms may be limited to
the person who committed that crime.
Physical
injuries through treatment facilities
Discomfort
(pain and suffering)
Direct
out-of-pocket medical expenses could be incurred.
Daily
expenses may incur due to regular hospital visits.
Prescription
drugs.12

1X-see,
‘definition of assault and battery’ available at accessed
on accessed on 9th,Dec, 2017 at 08:00pm

2X-see,
‘similarity between assault and battery’  Available ataccessed on
9th, Dec,2017 at 06:15pm

3X-see, ‘definition of assault and
battery’ Available at  accessed
on 7th, Dec,2017 at 02:30pm

 

4X-see,’how
assault and battery are committed’ available at . accessed
on 9th, Dec, 2017 at 08:20pm

5X-see, ‘penalties
for assault and battery’ available ataccessed on 7th, Dec,2017 at 03:30pm

6X-see, Art. 158 of
organic law no 01/2012/OL of 02/05/2012 instituting the penal code, O.G.,
no special of 14 June 2012.

7X-see, Art. 148
of organic law no 01/2012/OL of 02/05/2012 instituting the penal
code, O.G., no special of 14 June 2012.

8L. James
Freeman, bad bitch 6: assault &
battery, 2013, p.4.available at

9MHG Intermediate court, 06/07/2017, MUNYANTORE Celestin vs.
NYIRAHABIMANA Placidia, judgment no R.P
00257/2017/TGI/MHG,para.11 also available at
accessed on 7th, Dec,2017 at 02:30

 

 

10X-see’different
types of assault’ available at accessed on
9th, Dec, 2017 at 07:45pm

11X-see, ‘defense
for assault and battery’ available ataccessed on
9th, Dec, 2017 at 07:45pm

 

12X-see,
‘consequences for conviction of assault and battery’ available at accessed on
9th, Dec, 2017 at 08:45pm

 

 

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