Assault, Battery, and Fighting

Melville Johnson
October 29, 2020

 Assault and Battery are instances of unlawful touching or threating of another, which is without justification or excuse. However, it is important to note that Assault and Battery are different concepts, as Battery requires physical contact of some sort, while Assault is committed without physical contact. Typically, these offenses require an intent to commit bodily harm.


A charge of Assault is established by: (1) a willful attempt or threat, with the intent to inflict bodily harm; (2) a present apparent ability to do so; (3) a reasonable fear of bodily injury on the part of the victim created by the conduct; and (4) a conduct was without justification.


In comparison, a charge of Battery is established by:(1) an intentional striking or touching of another person; and (2) committed without justification.


In establishing a defense against these charges, it is important to note whether the conduct occurred as the Agency alleged, whether there is the requisite intent to commit bodily harm, and whether the federal employee was acting in self-defense or because of provocation.


The federal employment attorneys at Melville Johnson, P.C., have years of expertise on federal sector employment matters such and these, and are well qualified to assist you with your legal needs. Contact us today!

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
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