Is it assault or battery?

Is it assault or battery?

According to Wikipedia, the distinction between battery and assault is:

The overt behavior of an assault might be Person A advancing upon Person B by chasing after him and swinging a fist toward his head. The overt behavior of battery might be A actually striking B.

Battery requires (1) a volitional act that (2) results in a harmful or offensive contact with another person and (3) is committed for the purpose of causing a harmful or offensive contact or under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result. Assault is an attempted battery or the act of intentionally placing a person in apprehension of a harmful or offensive contact with his or her person.

In some places, assault is the threat of violence against another while aggravated assault is the threat with the clear and present ability and willingness to carry it out. Likewise, battery is undesired touching of another, while aggravated battery is touching of another with or without a tool or weapon with attempt to harm or restrain.

Furthermore, battery is defined as a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.

Assault is defined as a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more limited sense of a threat of violence caused by an immediate show of force.

Now, how would you describe this act done on a helpless person? Is it assault or battery? What in the heck the offender hurt his victim that way? Did he undergo psychological tests before he was hired as a "goon" in the demolition team? The proper authorities should take a close look in this kind of abuses. Nobody has the right to harass or hurt a person without a reason. And try to look at the picture, the battered person is helpless and doesn't have any weapon to counter the attack. Is this the way these goons are trained by our authorities?

I have nothing against these people personally but the way they treated the victims hurts me more than anything else.

To quote one comment in Facebook by Jrn Sj:

"Sino ka para gawin mo yan? Dahil ba sa 500 pesos na sasahurin mo. May sarili ka bang bahay at nakaka-angat sa buhay? Kahit siguro ang mga nakaka-angat sa buhay ay hindi kayang gawin yan, sa kapwa Pilipino nila. Sa mga may Face Book Account, paki share lang po ang picture na ito. Salamat po!"

Click here to view more comments. Let us all be aware that these brutal acts are being tolerated and worst is these are done in the public.

Is it assault or battery? Please feel free to post your comments here and share it in the social networking sites.

Related article: Bad Boys Are Everywhere

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About lamberto inquig, jr.

a simple and yet full of sense of humor guy who loves to travel and learn more knowledge in the ICT
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