Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

In the scenario where Mark dodges a punch but then spits on Sam, which offenses are applicable?

1. Assault only

2. Battery only

3. Assault and Battery

4. Harassment

The correct answer is: Assault and Battery

In this scenario, the correct choice reflects the presence of both assault and battery. Assault is defined as an act that puts a person in reasonable fear of imminent harmful or offensive contact. In this case, Mark dodging a punch demonstrates that there was an attempt by Sam to cause harm, which constitutes an assault, as it induced fear or apprehension in Mark regarding the impending punch. Battery, on the other hand, involves the actual physical contact that is harmful or offensive. Mark's action of spitting on Sam qualifies as battery, as it is an intentional act that results in offensive physical contact without Sam’s consent. Since both the attempt to punch (assault) and the act of spitting (battery) occurred in the scenario, the correct classification includes both offenses. This dual nature of the offenses is what makes the cumulative answer applicable in this situation, thus indicating that both assault and battery are applicable.