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Can destruction of property be battery? |
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Answer
The definition of assault and battery differ from jurisdiction to jurisdiction.
If the property is intimately related to the individual. If I'm sitting in a car and you attack the car, it can be termed a battery. If you destroy my clothing, it could be considered a battery. Attacking my house when I am not home is not a battery, but it could be considered an assault and even a battery if I am home and see you attacking.
In wisconsin it doesn't matter whether you are in something or not. Battery can only be charged if the assault is happening against a person, not a inanimate object. You can smash someones car to smitherines and they can be in it, but if they are not injured in any way, the perpetrator will not be charged with battery, but with criminal destruction of property, disorderly conduct, etc.
First answer by Aggie80. Last edit by Fightermage. Contributor trust: 99 [recommend contributor]. Question popularity: 20 [recommend question]
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