Explain assault can occur without a battery

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Part I.

According to the Criminal Law book, assault is often an attempt to commit a battery and a battery is a successful attempt. Also, battery cannot be committed without assaulting a victim first, but an assault can occur without a battery. (Gardner pg.292). The difference between these two is that, assault as mentioned before, is the attempt to commit an offense and battery is a the successful attempt causing actual physical/bodily injuries.

Kidnapping is a false imprisonment that is aggravated by the movement of the victim to another place. (Garner pg.306). False imprisonment, is an unlawful restraint or detention of a person. The difference between these two is that for kidnapping, the victim must be moved from a place or taken away without no one knowing and for false imprisonment the victim must be taken away under false or unlawful arrest.

Part II.

I consider this scenario as a violent aggressive driving. Having in mind Bill was angered, I think there was not a crime committed but a road rage criminal offense. Road rage is described as an aggressive behavior tailgating, honking, screaming at others drivers, exchanges of insults. In order to have been a crime, Bill must have caused George's severally physical injuries or death. If a gun would have been involved, the confrontation would have been considered an assault, if it would have caused bodily harm then it would have also been a battery.
how would you agree or disagree with this statement.

Reference no: EM131573929

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