Aggravated assault is usually a felony punishable by a term in state prison. The assaulter must be reasonably capable of carrying through the attack. Assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress. They are both also intentional civil wrongs for which the party attacked may file a suit for damages. Negligent or careless unintentional contact is not battery no matter how great the harm.
Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage.
It is now recognized as an antisocial mental illness. Sometimes a woman's dependence, low self-esteem and fear of leaving cause her to endure this conduct or fail to protect a child. Increasingly domestic violence is attracting the sympathetic attention of law enforcement, the courts and community services, including shelters and protection for those in danger. A typical example is a robbery involving more than one criminal, in which one of them shoots, beats to death or runs over a store clerk, killing the clerk. First Degree Murder n.