Depends on the state and jurisdiction but in general...
1) Assault is the act of placing someone in fear for their physical safety whether or not you actually make physical contact with them.
2) Simple Battery is the act of act of touching someone in such a way that would be offensive to a reasonable person.
3) After that the crime of battery gets ratcheted up to more serious misdemeanors and felonies based on factors that differ slightly from state to state such: "with the intent to cause serious bodily harm."
4) There are always self defense and defense of others exceptions.
I think, depending on the circumstances, tacking someone like a linebacker could be charged as one of the more serious misdemeanors or felonies depending if the victim was injured. It's up to the prosecutor.
2007-01-22 05:03:33
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answer #1
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answered by Atptim 1
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If you just tackle them, battery. If you tell them you are going to do it first, then assault and battery. Assault is the act of telling someone you are going to whoop their @ss. Battery is the actual whooping of the @ss. If you never tell them you are going to do it, it is just battery. But, most of the time, people talk before they fight, so the two seem to go hand in hand.
*Added*
Tattoo was answering this question in the context of the question. There was no talk of a gun, shooting, or anything of that matter. You are correct in stating assault is the act of making someone "think you are going to batter them". In instances like the question, it is usually verbal.
Now, if I point a gun at you, and act in a threatening manner, that is assault(though aggrevated since it involves a weapon). In a "normal fight", the assualt usually comes in the form of a verbal threat.
2007-01-22 12:55:52
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answer #2
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answered by ? 5
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Depends on what state you live in. However it will most likely be simple assault or the misdemeanor form of it. It can also depend on how much harm was caused as well. Usually though nothing happens because the victim does not want to cause alot of trouble for a minor misunderstanding.
2007-01-22 13:30:50
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answer #3
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answered by mastercheddaar 3
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Tattoo is wrong about assault
Assault is all about apprehension of a battery. If I shoot a gun at you, but miss, that is an assault.
You can have a battey without an assault, I suppose, if you were tackled from behind
2007-01-22 12:59:09
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answer #4
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answered by BigD 6
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Yes.. prob misdemeanor A&B.. one year in county detention max. Unless there were some mitigating circumstances. Would depend on priors, too
2007-01-22 12:57:04
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answer #5
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answered by Anonymous
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Assault and battery.
2007-01-22 12:53:19
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answer #6
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answered by bill a 5
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Assault
2007-01-22 12:51:17
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answer #7
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answered by piratephyl 3
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Assault.
2007-01-22 12:51:55
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answer #8
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answered by Anonymous
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