Assaultsand battery basically mean the same thing and eventually prosecuted togetherand it is often paired together as one offense.

But in fact, they are two separatecrimes under the same umbrella.1Inmost jurisdictions, assaultand batteryis a crime committed when a person attempts to physically harm another person,and acts in a way that causes the victim to fear that he will be harmed. Whileassault and battery were traditionally classified as two very distinct crimes,modern laws pair them together as one offense.

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2Batteryis defined as an intentionally touching of, or application of force to the bodyof another person in a harmful or offensive manner, it is always confused withassault, which is merely the act of threatening or placing another person infear. A battery is always preceded by an assault, which is why the two termsare often used transitionally or combined as assault and battery.3II. HOW THE CRIMEOF ASSAULT AND BATTERY ISCOMMITTEDAssaultand battery occurs when one tries to or does severe injury to another person,or cause injury through use of deadly weapon or may not use weapon but conductthat crime and injures another person.Itis also done when one tries to or does physically strike another or acts in athreatening manner to put another person in fear of immediate harm.

4III. PENALTIES FORASSAULT AND BATTERYThepenalties and sentence for assault and battery convictions can vary widelydepending on the law of the state where the offense was committed, as well asthe circumstances of each case.Punishmentsrange from fines to imprisonment, depending on severity of the offense and theoffender’s criminal history.

Individualswho are first time offenders may receive more leniencies while those who havean extensive criminal record or repeated instances of violent conduct or thosethat have been involving in such crime may receive stiffer penalties.5III.1. PENALTIES FOR ASSAULT ANDBATTERY IN RWANDAAccordingto Rwandan law as it is stipulated in penal code, if assault and battery resultfrom lack of foresight and preventative measure, the offender will be liable toa term of imprisonment of eight(8) days to two(2) months and a fine of onehundred thousand (100, 0000) to five hundred thousand (500,000) Rwandan francs.6Anyperson who committed aggravated assault and battery and intentionally causesinjuries to another person is liable to a term of imprisonment of six (6)months to two(2) years and a fine of one hundred thousand (100, 0000) to fivehundred thousand (500,000) Rwandan francs.

If the offender has acted with theambush, this person is liable to term imprisonment of two (2) years to three(3)years and a fine of one hundred thousand (100, 0000) to five hundred thousand(500,000) Rwandan francs.7V. DEFENSES TOASSAULT AND BATTERYThere are defenses that a person canuse to defend himself for committing the crime of assault and battery, and themost popular defense is the claim of self-defense. The defendant will argue that hecommitted the assault and battery only because it was necessary for him/her toprotect himself/herself from attack. In other situations, the defendant mayseek to prove that he did it to protect another person from harm.Although some personmay have been touched in a forcible or offensive way, the defendant’s actionsare justified because they were prompted by a desire to help or rescue theperson who was in a dangerous situation and this may be the major cause forcommitting this crime.8III.2.

EXAMPLE OF A CASE ON ASSAULTAND BATTERYAn example of a case on assault and battery is thecase of a professional footballer who sexually assaulted a twenty-six yearsold, police officer Rebecca Sledge 9Thecase of MUNYANTORE Celestin who was accused of committing assault and batteryagainst NYIRAHABIMANA Placida that later led to death. Itis said that MUNYANTORE Celestin committed a crime that is punished by thearticle 151 of law no 01/06/2017of 02/05/2012 constituting the penalcode and the accused pled guilty to the case against him because he acceptedthat he pushed NYIRAHABIMANA and fallen down. So, this means that he should bepunished according to the law that punishes assault and battery in Rwanda10 VI. CONCLUSIONTosum it up, in most states assault and battery are crimes that can be prosecutedby the government and the crime of assault and battery pertains to act ofphysical violence committed by one person against another and as a criminaloffense it is punishable by incarceration (imprisonment), fine, orboth and asingle act can be subject of both criminal prosecution and personal injurylawsuit for damages.1X-see,’definition of assault and battery’ available at

freeadvice.com/criminal-law/violent_crimes/assault_battery.htm.

> accessedon accessed on 9th,Dec, 2017 at 08:00pm2X-see,’similarity between assault and battery’  Available ataccessed on9th, Dec,2017 at 06:15pm3X-see, ‘definition of assault andbattery’ Available at  accessedon 7th, Dec,2017 at 02:30pm 4X-see,’howassault and battery are committed’ available at . accessedon 9th, Dec, 2017 at 08:20pm5X-see, ‘penaltiesfor assault and battery’ available at

findlaw.com/criminal-charges/assault-and-battery-penalties-and-sentencing.html>accessed on 7th, Dec,2017 at 03:30pm6X-see, Art.

158 oforganic law no 01/2012/OL of 02/05/2012 instituting the penal code, O.G.,no special of 14 June 2012.7X-see, Art.

148of organic law no 01/2012/OL of 02/05/2012 instituting the penalcode, O.G., no special of 14 June 2012.8X-see, ‘defensefor assault and battery’ available at

encyclopedia.com/social-sciences-and-law/law/law/assault-and-battery>accessed on9th, Dec, 2017 at 07:45pm 9L. JamesFreeman, bad bitch 6: assault &battery, 2013, p.4.available at 10MHG Intermediate court, 06/07/2017, MUNYANTORE Celestin vs.NYIRAHABIMANA Placidia, judgment no R.P00257/2017/TGI/MHG,para.11 also available at accessed on 7th, Dec,2017 at 02:30