Difference between assault and battery


Law
2023-05-05T13:28:42+00:00

Difference between assault and battery

Introduction

When it comes to violent crimes, it is common to hear terms like assault and battery. While both are violent crimes, there are significant differences between them that are important to know. In this article, the difference between assault and battery will be explained.

What is assault?

Assault is a crime that refers to the attempted or threatened physical harm to another person. In other words, it involves putting someone in a state of credible fear of imminent physical injury. Assault does not necessarily involve actual physical contact with the victim, but instead focuses on the threat or attempted physical injury.

Example:

If someone raises a fist and threatens to hit to another person, is considered an assault. Even if the person never touched the victim, it could be considered an assault because there was a credible threat of physical injury.

What is the battery?

Battery, on the other hand, is a crime that involves actual physical contact with another person without their consent. In other words, battery is an intentional physical injury. Battery can be as minor as a push or as severe as hitting the head with a blunt object.

Example:

If someone hits another person with an object, it is considered battery because there was actual physical contact.

The difference between assault and battery

In short, the difference between assault and battery is that while assault focuses on the threat or attempted physical injury, battery focuses on actual non-consensual physical contact. It is important to note that both crimes are serious and can have significant legal consequences. Below are some of the most common differences between assault and battery:

  • Assault involves a credible threat of physical injury, while battery involves actual physical contact.
  • Assault is a less serious crime than battery.
  • Assault does not necessarily require actual physical contact with the victim, while battery does.
  • In most cases, assault and battery can be prosecuted as separate crimes or as one, depending on the circumstances.

In conclusion, assault and battery are serious crimes that, although they are often confused, are different in their definition and legal consequences. It is important to know these differences to understand when a crime is considered to have been committed and how to legally approach each case.

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