What is the difference between assault and battery
What is the difference between assault and battery
Difference Between Assault And Battery
January 11, 2011 Posted by Olivia
Assault vs Battery
Assault and Battery are two different criminal charges that can be put against guilty person. Assault is the threat of violence while battery is physical violence. Some times, both charges leveled simultaneously against a person and sometimes separately. It depends upon type of crime, whether it is just threat or having evidence of physical contact.
Assault
Assault is a threat of harm that causes fear of physical hurt in a victim. The charge of assault is only applied, if the victim has only been threatened not touched by criminal. In short, a person who is charged by assault has not committed a physical harm to victim. There could be different forms of assault like waving a weapon, pointing a gun at any person, verbally threatening a person of committing a physical harm in future, use of any potential weapon to threaten a person like bat of baseball. Though, there are different types of punishment for an assault criminal in different countries, however the intensity of punishment is very low than Battery. The very important aspect of assault is that, in such type of cases it is very difficult to prove the crime. The reason is that there is no evidence of physical harm
Battery
Battery is the extreme stage of Assault. Battery is a violent contact between two persons, in which physical contact must involve. A person, who commit battery not only threaten the victim but also become the cause of any physical injury. This injury could be of any type, that could occur because of criminal’s physical contact with victim like beating, use of any dangerous thing that could cause cutting of skin, use of weapon that could cause severe injury etc. The law of battery is also applicable for those persons, who touch anything related to victim’s body for the purpose of pay harm to victim like touching the hat or purse of victim. Battery is that type of contact that must be intended. The punishment of battery is different in different countries; however the type of punishment depends upon intensity of injury.
| Difference and Similarities • The major difference between assault and battery is the amount of contact. o In case of assault there is no physical harm to victim, it is just threat from criminal to victim. o In case of battery, there must be some physical contact between criminal and victim. • A person, who receives punishment of battery, is essentially guilty of assault. On the contrary, the assault crime has no charges of battery. • It is very easy to prove the offense of battery rather than assault. The reason is that victim can easily prove the physical evidence of battery charge. • The punishment of battery charge against a person is very tough as compared to assault. |
Conclusion
It is the fact that both assault and battery are criminal charges, but they are different from one another. This difference is amount of contact. However, a person who commits a battery crime also has to face assault charge.
Difference Between Assault and Battery
Main Difference
Battery and Assault are two terms which are commonly used in criminology. Both these words originate from the same scene and give the impression of having a similar meaning which is true in most cases, but there are slight differences between them which are therefore presented properly during a court proceeding or filing of a report. To understand the difference between these two terms, we will have to go in detail of the definitions of them. Assault can be termed as the action of one person which result in making the other person fear for their safety and life. Battery, on the other hand, is the actual physical damage which is caused to one person by another person. Both of them have different cases, but assault can be divided into several other subclasses while battery cannot be categorized further. In simple words, assault can be explained as an act of self-defense or stopping others from doing something which can harm an individual. The battery can be described as the actions which along with self-defense and defense are a requirement at that instant when some event is taking place. Regarding international law, a person can be charged with assault if he or she threatens the other person by their words. There is no requirement of touching the other person physically. In the case of battery, only words are not enough to create a situation and a person has to contact the other person so for them to file a report carrying battery charges is valid. To elaborate the differences further, it can be said that the purpose of assault is to make someone fear for their safety and life while the main aim of the battery is to cause physical harm to the other person. Both have different sentences where battery carrying more length than assault though both are considered to be serious charges. Further explanation of both these types of terminologies is given in the paragraphs that follow.
Comparison Chart
| Assault | Battery |
| An act which intends to cause fear in the other person’s heart and make them consider their safety. | An actual act of causing harm to the other person. |
| Example | |
| A person sitting on a street chair, and someone throws a bottle towards them if the bottle misses the person who is sitting it will be considered as an assault. | A person sitting on a street chair is attacked by someone else with a bottle if the bottle hits the first individual and causes some damage it will be taken as a battery. |
| Punishment | |
| Punishment for assault ranges from 1 to 20 years | Penalty for the battery is from 5 to 25 years. |
Definition of Assault
Assault can be defined as an act which intends to cause fear in the other person’s heart and make them consider their safety. An example of this will be a person sitting on a street chair, and someone throws a bottle towards them if the bottle misses the person who is sitting it will be considered as an assault. It can also be valid if the individual with the bottle takes the action of throwing that bottle. There are different types in which this can be divided. The first degree is the harshest which actually is causing serious injuries to the other person and neglecting the value of human life. It is also known as aggravated assault. Then follows the second degree which includes the use of a tool which is dangerous but the degrees of injuries caused are not as severe. The third level is the simplest one which is the attempt of injuring the other person which may or may not be successful. The punishment for assault ranges from 1-20 years.
Definition of Battery
The battery used to be considered different from physical damage in the beginning but in the modern terms although they shall be regarded as not the same things but the terminologies are used in a similar manner. In traditional terms, a battery is an actual act of causing harm to the other person. For example, a person sitting on a street chair is attacked by someone else with a bottle if the bottle hits the first individual and causes some damage it will be taken as a battery. It is not categorized in different levels and has a severe punishment up to life imprisonment because this can result in the loss of human life. As long as the person touches the other person with the intent of harm, the charges of the battery can be filed against anyone. Though the mostly battery is now included as one of the types of assault.
Differences in a Nutshell
Conclusion
In summary, it can be said that both the terms are closely relate to each other but have very different meanings. Both perform the same functions but the way the processes are carried out and the activities done are variable. All in all, the article has compared and shown them in a proper manner.
Harlon Moss
Harlon currently works as a quality moderator and content writer for Difference Wiki. He graduated from the University of California in 2010 with a degree in Computer Science. Follow him on Twitter @HarlonMoss
Assault vs Battery – Are they the same or different crimes?
Posted on July 25, 2022
Assault and battery are related but distinct crimes.
Both assault and battery are typically charged as a misdemeanor offense (as opposed to an infraction or a felony). The crimes are punishable by jail time and substantial fines.
Note that a person accused of either of these crimes can fight the case by asserting a legal defense. For example, a defendant can assert that he/she:
How is an assault different than a battery under U.S. law?
Assault and battery are separate and distinct crimes. The main difference between the two offenses is that while an assault does not necessarily involve any actual physical contact with another person, a battery does.
An assault is like an attempted battery, while a battery is like a completed assault.
Assault is like an attempted battery under California law.
What is the crime of simple assault?
An assault is normally defined as an act that puts the victim in reasonable apprehension of harmful or offensive contact. 1
While a battery involves the actual use of force or violence, assault specifically focuses on the attempt to use such force or violence.
Note that with regards to the use of force or violence, any harmful or offensive touching is generally enough to give rise to an assault charge. The slightest touching will count if it is done in a rude or offensive manner. 2
Assault charges can even occur if the touching involved did not or could not cause any sort of physical injury. 3 Further, the actual touching does not have to be direct. It can be done indirectly by causing an object to touch the “victim.”
Assault violations are typically charged as misdemeanor offenses. The crime is often punishable by:
Some states have different degrees of assault, such as first, second, and even third-degree assault.
Note that aggravated assault offenses are more violent crimes than simple assaults. Examples of this form of assault include:
What is the crime of simple battery?
Battery is defined as any willful and unlawful use of force or violence on someone else. 4 The legal definition of battery requires that a person actually inflict harmful or offensive contact on the victim.
There is no requirement that the person caused any personal injury or bodily harm to the alleged “victim.” In fact, the slightest touching can be a battery. 5
A battery also occurs even if the touching takes place:
Unlike with assault, battery charges have to include allegations that an actual touching took place. For example, there can be no criminal charges of battery if a person went to shove another person and missed. An assault charge, though, could still be raised.
Simple batteries normally get charged as misdemeanor offenses. States typically punish offenders with:
Note that an aggravated battery is more severe than a simple battery. An aggravated battery is a battery that causes serious bodily injury or great bodily harm to the “victim.” 7
A battery is inflicting unlawful physical force on another.
Can a defendant raise a legal defense if charged with the crime of assault or battery?
A defendant can raise a legal defense to challenge any assault or battery charge.
An effective defense can work to reduce, or even dismiss, a criminal charge. Note, though, that it is best to have an experienced criminal defense attorney raise a defense on behalf of an accused.
The criminal defense lawyers at our law firm advise clients that there are four effective defenses to assault charges. These are that the defendant:
As to battery, there are four effective defenses that an accused can raise. These are that the defendant:
What is the law in California?
Under California law, a prosecutor has to prove the following to successfully convict a defendant of simple assault:
Per California law, a prosecutor must prove the following to convict a person of simple battery:
Legal References:
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Assault vs. Battery
Assault and battery are a combination of threat and physical harm. The severity of harm caused decides the charge of an assault and battery case. It could either be a misdemeanor or a felony according to common law.
Comparison chart
 | Assault | Battery |
|---|---|---|
| Justification | Self defense or defense | Self defense, defense, necessity |
| Common Law | Intentional tort | Intentional tort (Negligent tort in Australia) |
| Important aspect | Threat of violence is enough to constitute assault; no physical contact is necessary | Physical contact is mandatory |
| Purpose | To threaten | To cause harm |
| Nature of crime | Not necessarily physical | Definitely physical |
Definition
Any reasonable threat to a person is assault while battery is defined as use of force against another with intent of causing physical harm without his consent. In other words, assault is the attempt to commit battery.
Principle
An assault can cause fear of impending violence in a person even though there is no actual violence inflicted. Battery on the other hand trespasses into the comfortable personal space of a person without his consent and causes him bodily harm.
Dynamics
Threatening an individual verbally is assault but hitting the person is battery. Assault and battery usually occur together. Behavior such as pointing a gun at someone or waving a potential weapon constitutes assault. As soon as waving advances to beating, the crime becomes one of assault and battery. Physical contact with the body graduates the crime of assault into one of assault and battery. The elements of battery are
Example of assault and battery
Throwing a rock at someone for the purpose of hitting him is battery if the rock in fact strikes the person and is an assault if the rock misses. The fact that the person may have been unaware that the rock had been thrown at him is irrelevant under this definition of assault.
Legal Implications
Both assault and battery are criminal offenses tried as a misdemeanor or felony based on the seriousness of damage caused. Assault cases rarely stand alone in court of law since threats are difficult to prove. Physical injury can be easily established and hence battery can be proved. Battery essentially involves assault but an assault does not necessarily involve battery. The penalties rendered vary according to laws of jurisdiction but both assault and battery are regulated by statutes.
Aggravated Variants
Aggravated assault is the display of willingness or ability to carry out the threat while aggravated battery is making physical contact or touching the person with or without weapons in order to cause bodily harm or restrain.
Difference Between Assault and Battery
Assault and Battery, both these terms are very commonly used in the legal field. While most people think that these terms are the same and both are the criminal offence in law. Therefore, it is very important to gain information about these terms.
Knowledge of any of these two subjects is critical before understanding the other subject as both of them are extremely important and interrelated to each other. People usually hear the statement commonly used in movies “You are under arrest for assault and battery”. Such kind of statement is used in case of fights between two people
Assault vs Battery
The main difference between assault and battery is that assault means someone tries to injure some other person or gives the threat to injure. On the other hand, Battery means if someone gives an injury to another person physically by touching him.
If a person only gives a threat of harming another person without any touch is called assault whereas if there is a physical contact to harm each other, then this criminal offence is called a battery.
Comparison Table Between Assault and Battery (in Tabular Form)
| Parameter of Comparison | Assault | Battery |
|---|---|---|
| Definition | Assault is defined as an illegal act when a person gives a verbal threat to another person and that person has the ability to harm others. This threat creates a sense of fear in another person. | The battery is an illegal offence which occurs in multiple states. |
First, when a person injures the other person by physical abuse and action.
What is Assault?
Assault is defined differently in different states. Generally, it is defined as the intention to harm others physically or to give an intentional threat to someone in order to create a sense of fear.
Assault is also defined sometimes as an attempt to create a battery.
Contact is not necessarily required to do assault, but still, there is a requirement of a criminal act in order to convict a person.
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It is an act of offence which create a threat in a person makes a person uncertain about his security.
Assault is not a criminal offence if a person gives a threat to the person only by speaking words from his mouth.
Assault becomes a criminal offence if spoken words are also supported by the action like showing fist of hand while giving the warning of breaking the face of the other person.
There should a valid reason if a person is convicted of assaulting another person. A person cannot assault the other person with having a general intent.
Therefore, if a person gives threat to another person, that other person finds dangerous for his body, it can come under the act of assault, even though he has not done any physical harm to another person.
What is Battery?
The battery is a criminal offence when the person touches another person and harms the body of another person intentionally without having the consent of that person.
Some of the acts which are categorized as battery are:
Basically, the intent is not mandatory for the act to be called a battery. If a person touches another person physically with an intent to cause bodily harm, it is called a battery.
On the other hand, if a person touches another person accidentally, then such an act is not called battery and there is no punishment for such acts.
The acts which are qualified as battery and often punishable are kicking or punching someone, harming others with the help of deadly weapon.
It is not mandatory that the victim should have an injury to convict the person for the battery.
Main Differences Between Assault and Battery
Conclusion
Both of the legal concepts i.e. assault and battery are the punishable legal offences in which people tend to harm another person verbally or physically.
Both of the topics are very close to each other and this is the prime reason that both of these are being taught together in detail in law institutions.
On one hand, assault means the person giving a threat to another person of harming him whereas battery is the act of giving injuries to the other person by physical contacts.
In order to understand law completely, complete knowledge of the difference between both assault and battery is mandatory.