What is Assault and Battery?

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 Although assault and battery are often paired together as one criminal offense, these terms have two different legal meanings and can occur separately. An assault refers to an illegal and intentional threat to cause bodily harm to another person. Even if there is no actual contact between the people involved, an assault may still have taken place. For example, if someone points a toy water gun at another person they may be liable for assault even though the "weapon" was only a toy.

Touching someone else in an offensive or inappropriate way can constitute a battery, even if it does not cause injury. It may include touching with an object, another person, or a substance flung through the air. For example, someone who spits one someone else, or throws a glass of water on someone else, has committed a battery even though no physical injury would likely result from the incident. Similarly, a person who pokes his/her finger into someone else's chest to accentuate their argument could be guilty of battery.

A typical example of an assault would include a person swerving toward another person with their car, pointing a loaded gun or knife at another person, or holding their fist to someone else's face. Conversely, a battery implies that there was some sort of contact between those involved. Here is a clear example: If a woman chases her boyfriend around the house with a baseball bat in her hands, it is considered assault. If she catches up to him and hits him with the bat, the charge becomes battery.

Assault is legally considered a violent crime against another person. However, most assault cases in court only result in a misdemeanor charge. This is because assault is usually defined as an attempt to commit battery, without the end product of serious physical injury. While simple assault is considered a misdemeanor, "aggravated assault" is classified as a felony and treated as a more serious crime. An example of aggravated assault would be assault that involves the use of a deadly weapon. If the assault in question involves a police officer, it would also be considered a more serious crime and in court the offender could face a significant amount of jail time.

In most cases, battery results in a misdemeanor charge. However, in cases of "aggravated battery" there is heightened felony charge. Charges of aggravated battery often result in irreparable damage or permanent disability for the victim. Legally, there are only three possible excuses for assault and battery. These include court cases in which the act was one of self-defense, incidents in which the act can be proven accidental, and cases in which the element of consent was involved.

When Should You Consult an Attorney about Sexual Harassment?

An attorney will advise you on various things to take to protect yourself in addition to assisting you in preparing to report harassment. These steps could include the following:

• Preparing you to deal with the harasser if the harassment persists
• Documenting the harassment and all interactions with your employer about it
• Advising you on how to report harassment to your employer in the future, and
• Keeping track of your employer's response to your complaint to ensure that retaliation does not occur.

An employee who has been sexually harassed may be too emotionally depleted and bewildered to have the perspective on his or her situation needed to respond effectively. An attorney can be a valuable resource in determining the best course of action. Any allegations of sexual harassment must be investigated by your employer, as required by law.

Furthermore, your employer is prohibited from taking any actions that would jeopardize your employment throughout the investigation. During the investigation, an experienced attorney can check in with you to ensure that the employer is following the law. In addition, an attorney will explain the formal steps you might take to challenge sexual harassment. Filing a charge of discrimination against your employer with your state's anti-discrimination agency or the federal Equal Employment Opportunity Commission is one of these options (EEOC). 

Sexual harassment is a kind of sex discrimination under the law. Title VII of the Civil Rights Act of 1964 prohibits sex discrimination. The Supreme Court didn't extend the concept of sex discrimination to include sexual harassment in the workplace until the late 1980s. Not every insulting remark will be classified as sexual harassment under the law. If you believe you have been subjected to sexual harassment you should consult with a attorney as quickly as possible to determine whether the behavior fits the legal definition of harassment. You may need to take specific steps to safeguard your rights even if you are being harassed. For instance, your workplace's policy (or even the law) may compel you to report alleged sexual harassment to human resources or managerial workers to hold the business liable. An expert attorney can assist you in determining which HR or another employee to report the alleged harassment to. A attorney can also help you draught a description of the harassing behavior. That way, if you're apprehensive about speaking with HR or a manager about the conduct (which is understandable), you'll be able to convey all of the pertinent information clearly and calmly.