I hear this every day in my chambers Madam Law, he was shouting and pointing a bottle at my face, but he didn't hit me, so the Police said I should go home
Listen close, because today we are clearing the air on Assault vs. Battery. They are brothers, but they are not twins
- ASSAULT: The Fear (The Threat)
Assault happens BEFORE any physical contact. It is the act of making someone believe they are about to be harmed. A neighbor raises a cutlass and says, I will deal with you today even if he is standing 5 feet away. If you reasonably believe that man is about to strike you, he has committed Assault. You don’t need a bruise or a bandage to report this to the authorities. - BATTERY: The Hit (The Contact)
Battery is the actual physical contact. It is the finishing of the assault. That same neighbor moves forward and pushes you, slaps you, or even spits on you. The moment that physical contact is made without your consent and in an angry or offensive manner, it is Battery.
Assault is about the Mind (Fear of being hit).
Battery is about the Body (The actual hitting).
In Nigeria, many of our criminal laws group these together under Assault, but in a Civil Court, where you sue for Damages (Money), knowing the difference helps your lawyer prove exactly how your rights were violated.
🥣 Pepper Soup Wisdom:
You don't have to wait for your blood to flow before you seek justice. A man who raises a hand to hit you has already broken the peace of the land. The Law is a shield, not just a bandage
Credit: Legal Matter with Barr Ronke Ahaotu
