Reference no: EM131573933

Assault is when a person threatens someone of causing serious bodily injury. For example, A only threatens B that he will punch B in the face, but not actually punches B, then it is known as an assault. Because no actual bodily harm or injury has occurred, it must be proven that the victim was frightened. He or she feared that something unpleasant or dangerous might happen (Anderson & Gardner, 2015, p. 292). While on the other hand, a battery is when a person deliberately and intentionally causes serious bodily injury or attacks or touches another without the other person's consent. For example, A gets angry and takes a baseball bat and throws it towards B which causes serious injury. Thus, A has committed a crime of battery. In a battery, as long as the act was committed, proving that the victim was frightened or not is not necessary (Anderson & Gardner, 2015, p. 295).

Kidnapping is illicitly removing a person from his or her home or residence, business or the place where he or she was present. Kidnapping can also occur when committing other crimes such as murder, rape, or robbery. An offense such as kidnapping is considered one of the most serious offenses and people who commit such offense can face life imprisonment. It must be proven that the victim, without his or her consent, was confined. On the other hand, false imprisonment is "unlawful restraint and detention of a person." In order to pass the guilty verdict, the court must prove that the defendant unlawfully and intentionally, and without the victim's consent, confined or restrained victim's movement. False imprisonment is also considered a very serious crime and offenders of such crimes are harshly punished (Anderson & Gardner, 2015, pp. 306-309).

Part 2:

Yes, at the time Bill threatened George that he will blow George's head off if he ever does that again, the crime was committed. It is called an assault which means threatening someone of bodily harm or "an attempt to commit a battery" (Anderson & Gardner, 2015, p. 292). Bill's act is a simple assault which can be a misdemeanor charge. It can also be a crime of menacing which means deliberately "placing or attempting to place" an individual in fear of serious bodily harm. However, if there was a gun present at the time Bill was threatening George, the crime committed would then have been an assault with a deadly or dangerous weapon, and a gun is a dangerous weapon if it is used to threaten an individual. Assault with a weapon that can cause serious bodily harm or injury is considered a felony and the punishment is extremely severe as compared to a simple assault (Anderson & Gardner, 2015, pp. 294-297). Furthermore, if Bill only threatens that if George ever does that again then will punch his lights out, and not actually physically commits the act, then it would be considered as a simple assault because no physical body contact or injury was present.