What Does Exactly 'assault By Beating Mean?

[techkey]

[hc4361]

A regular ABer, Buenchico, answered this question very well a while back

"'Assault by beating' is a variation on the charge of 'common assault'. (The 'assault by beating' wording is used when a person is alleged to have 'committed a battery'. The definition is that "a battery is committed when a person intentionally and recklessly applies unlawful force to another").

The maximum penalty is 6 months imprisonment and/or a fine of �5000. In practice, the majority of such offences are dealt with by a community punishment (such as unpaid work) and/or a relatively small fine (e.g. �300), rather than by a prison sentence.


http://www.theanswerbank.co.uk/Law/Criminal/Question564784.html

[EDDIE51]

^^ Yes, good answer.
Assault can be without any actual physical contact. For example, just using threatening language can be assaut. Assault by beating also known as 'battery' is when actual physical force is used.
There are 3 grades of assault , 1 Common assault. 2 ABH (actual bodily harm) 3 Grievous Bodily Harm GBH,

[techkey]

If I guy tries to stop his girlfriend from leaving a room, by putting his arms around her, can this be classed as assault by beating. If he holds her and then she replies 'please let go I can't breath, please let go' then her boyfriend lets go can this also be classed as assault by beating as well?

[EDDIE51]

As the boy friend actually touched the girl rather than just ordering her not to leave those two cases can be classed as common assault. 'Common assault' is the correct legal term for the lowest level of assault. Assault by beating is not normally a term used to charge an offence.

[EDDIE51]

By the way I am assuming you are in the UK? This is the law in England and Wales, Scottish law is different and the law in other countries is different again. I am starting to wonder if you may be in the USA,as 'assault by beating' is a more common term there and the law differs from one state to another.

[hc4361]

Yes, it is assault by beating, techkey, under s.39 Offences Against The Person Act

"The offence of BATTERY is committed if a person intentionally or recklessly on applies unlawful force to another person. Once again this is a very wide definition and does not have to result in injury. People are regularly convicted of common assault for spitting on another person. There is no injury but it amounts to a common assault by beating.
In order to be guilty of assault or battery, a person must either have to intend that physical force is used for fear, or being reckless as to whether either occurs."

http://www.professionaldefencelawyers.com/defence/index.asp?page=common-assault-and-battery-110

In the example you give the female was being held and asked to be let go. She was not able to free herself from the hold simply by stepping away.

If found guilty the likely penalty is a fine or conditional discharge, assuming the female suffered no injuries and this is a first offence.

[Togo]

If guy accused is a mate of yours , the best advice you can give him is, walk away mate and get a new girlfriend.

[Togo]

I know from where you are coming db. As a boy of 14 with 7 younger sisters I have always been in the "do not bully or abuse women" camp. The very same conditions also left me in no doubt as to be very wary of what the "vulnerable" female is liable to conjure up.

[Togo]

And vice versa db. But we are wiser are we not. I was not "judging" the scenario, but it is the best solution in any event I feel.

[techkey]

Yes, this applies to UK law, within England and Wales.

What if the boyfriend in question did not intend to do her harm, or cause her fear would this still amount to battery? After all does this type situation happen a lot of in relationship when couples try stopping each other from walking away?

[Orderlimit]

'What if the boyfriend in question did not intend to do her harm, or cause her fear would this still amount to battery?"

Yes, because the offence of battery is committed intentionally and recklessly and is whats known as a basic intent crime.

A bit about basic intent here http://www.lawteacher.net/resources/criminal-law/intent-specific-basic.php

[techkey]

What happens then if someone from the CPS domestic violence states that by holding onto ones girlfriend for a vey short people time does not consider that to battery? Could they be wrong in their judgement and why would they say it is not?

[hc4361]

The police make the initial charge, in this case 'assault by beating'. On a relatively straightforward offence they probably would not consult with the CPS prior to the charge.

The CPS then receive all the paperwork and decide if there is enough evidence to prosecute. They can decide that the charge should stay as it is, be changed to straightforward s.39 common assault, be upgraded to ABH or they may decide that the charge should be dropped altogether.

[techkey]

I thought the police gather information and then the CPS decides what the charge will be? And, I always thought that assault by beating, which is battery, come under section 39 anyway?

[hc4361]

Yes, you are correct on both counts.