What’s the Difference Between Assault and Battery?
Thanks to legal jargon and archaic phrases that seldom see use outside the courtroom or law firm walls, most fields of law are confusing. It would likely take a great deal of research for the average person to analyze, respond, and file court documents during litigation. Thankfully, a few reputable websites exist to provide legal information to those in need—for instance, freeadvice.com.
Freeadvice.com offers legal information for free to anyone who needs it. You can rest assured that the information you collect from this website is reputable because it is regularly checked and updated by highly credentialed attorneys. Knowing the difference between assault vs battery or negligence vs liability may come in handy should you find yourself caught in a legal matter.
What is Assault?
The first thing to keep in mind when exploring the legal definitions of specific felonies, offenses, and misdemeanors is that these elements vary depending on the jurisdiction they fall under. In addition to state laws, local laws govern offenses too. Depending on the specific county or city that the defendant resides in, the definition of assault and battery may vary. If you have a specific legal question, it is best to look into what rules and regulations exist for your area.
In general, assault is defined as intentionally putting another person in reasonable apprehension of imminent harm or offensive contact. For an assault charge to stand, it does not need to be accompanied by actual physical injury. When examining a legal issue, it is essential to look into the definitions within the definition of the offense. For instance, in the case of assault, you may need to look into the accepted legal definitions of “apprehension” and “offensive contact.”
What is Battery?
Similar to an assault offense, the definition of a battery offense may vary slightly depending on the governing jurisdiction. In general, battery is used to describe a physical act or intentional causation of harmful or offensive contact with another person without their consent. Battery charges exist both in criminal law and in tort law.
What is Assault and Battery?
The separate offenses of assault charges and battery charges are often combined into “assault and battery.” This is not meant to combine the offenses into one; instead, it is used to describe an incident in which these two distinct crimes occurred together. More specifically, in the act of violence, assault refers to the portion of the incident which caused the victim to apprehend their imminent harm.
The battery portion of the incident describes the actual act that caused the physical damage. This is why it is important to understand that on its own, an assault charge is a separate crime that is based on the victim’s apprehension of imminent danger. To be accused of assault, you do not need to have actually caused physical harm to the person. In contrast, a person must have actually inflicted physical harm to be accused of battery or charged with assault and battery.
Many law firms offer free consultations to those in need of legal advice. However, it can be stressful to seek legal services when you do not intend to retain a lawyer. Although some firms claim to offer no-obligation consultations, a person may feel pressured to pay for their legal services. For this reason, it can be helpful to first check legal information websites like Nolo or freeadvice.com to get answers to your basic and general legal questions. These websites do not replace the knowledge of an experienced attorney, so if your rights are endangered, or you are facing a specific legal issue, you may need to consult with a law firm.