What is the difference between "tortious assault and battery" and "criminal assault and battery?"

Answer 1

Tortious assault and battery is a tort; criminal assault and battery is a crime.

A tort is a civil case between private parties. If you beat me up, I could sue you for the torts of assault and battery, and recover money.

A crime is (obviously) a criminal case, and the "plaintiff" is the government, which prosecutes the defendant. If you beat me up, in addition to me suing you in a private civil suit (tortious assault and battery), the government can bring a criminal case against you (criminal assault and battery) and send you to jail (or whatever the penalty is).

The underlying actions would be the same; the type of court case (and remedy -- money vs. jail time) is different.

Answer 2

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Answer 3

The problem with restrictions on assault weapons is that nobody's really sure what they are. The military, for instance, use assault RIFLES, which are specifically NOT "assault weapons." It isn't at all reassuring that civilians but not the military would have normal pistols like the Beretta 92 (military designation M9), and it's doubtful a ban on those would pass constitutional muster in the courts, anyway. I think you may be under the mistaken impression that automatic weapons are in play in this discussion. Not the case. Besides, legally owned automatic weapons have only been used twice (once by an Ohio cop ca 1988 and once by an Ohio civilian ca 1992) in crime in the entire country, it just being a coincidence that both were in Ohio. Neither is the bullet going through your house an example of anything in particular, except perhaps a bad neighborhood. Normal hunting cartridges are usually much more powerful and capable of very much more penetration than anything suggested in an "assault weapons" ban, even in the more widely distributed lists of what might be included. And I promise you if I flipped my lid, I could shoot a dozen bullets in five seconds with an 1873 Winchester lever action right through your home. It doesn't happen because I'm a responsible citizen, and that's where we need to focus our energies: on delineating who's responsible from who isn't.

Answer 4

A tort is a civil wrong -- and the remedy would be for the injured party to sue the attacker for monetary damages.

A crime is punishable by the govt -- and could include jail time.

The elements (what needs to be proven) are generally the same, though most civil cases have a lesser standard of proof then "beyond a reasonable doubt".

There may be other subtle differences depending on how the law defines each -- but that's the general idea.

Answer 5

Assault In Tort

Answer 6

"tortious assault and battery" is a tort, a civil matter, between two people or groups of people(IE, personX v. PersonY), usually for seeking monetary damages. The other is criminal, where the government is charging them with a crime (State of X V. personY)

Answer 7

One is civil for pain and anguish and to seek monetery compensation because you were in a sense "wronged" The other is a criminal charge and is prosecuted by the state.

Tort literally means "wrong" in French.