Assault and battery are two separate offenses that are linked to each other. While battery may involve assault, it is not necessary that an assault is always followed by battery.
Self-defense is the most common defense used in both assault and battery charges.
Assault and battery are two legal terms that are often used interchangeably. These terms denote offenses that can give rise to civil as well as criminal liability. Battery and assault are offenses that are crimes and the offenders are tried in criminal courts. In both cases, the aggrieved person can initiate civil litigation against the offender for damages.
Though both the terms are often used together or interchangeably, they denote two different wrongdoings that are differentiated by a very thin line. In most cases, the offenders are charged with both assault and battery. However, in some jurisdictions, both the offenses are combined to form a single offense – either assault or battery. You may also come across some jurisdictions, where both the offenses are considered separate.
In short, they are closely interlinked, but at the same time, they are separate crimes. In order to understand the difference between assault and battery, you must understand the meaning of these offenses.
Assault and Battery – Legal Definitions
The legal definition of assault is as follows: An intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact. Battery is defined as an intentional, unpermitted act causing harmful or offensive contact with the ‘person’ of another.
In other words, assault is a threat to cause bodily harm and battery is the actual act of causing bodily harm. If A raises his fist and threatens B, A can be charged with assault, as he is placing B under the fear of imminent hurt. If A punches B on the face, he can be charged with battery, as he has actually caused bodily harm to B.
Assault Vs. Battery
So, in case of assault, the victim is threatened, but not touched; whereas in battery, he is touched in a harmful or offensive way (without the consent of the victim). In most cases, battery can be considered as completed assault. If pointing a knife at someone is assault, which places that person in an imminent fear of getting hurt; stabbing him is battery, which causes actual bodily harm to the victim. Touch can be offensive as in sexual abuse or harmful as in physical abuse.
If a person threatens another and touches the latter in an offensive or harmful way, he can be charged with assault and battery. In some regions, both these offenses are incorporated to form a single offense called assault, which is classified into different degrees according to the severity of the crime or presence of aggravating factors, like the use of a deadly weapon. In some places, statutes provide for different degrees of assault as well as battery. For example, in Illinois, battery and assault are two different offenses. Both of them are classified into simple and aggravated forms. While simple assault is a Class C misdemeanor, aggravated assault is a serious misdemeanor or felony. Simple battery is Class A misdemeanor, whereas aggravated battery is a felony. In Arizona, assault and battery are not distinct offenses, but are clubbed as a single offense called assault, which is classified as simple and aggravated.
In case of assault, the offender must have the intention to cause imminent fear in the victim, and the act of the offender actually must cause such fear in the victim. In case of battery, the act of the offender must be intentional or reckless. Such an act must involve offensive or harmful physical contact with the victim. In both cases, use of deadly weapons is one of the common aggravating factors. Deadly weapons include guns, knives, explosives, poison, etc. Even hands and feet can be considered as deadly weapons in some cases. A simple assault or battery can become a serious crime, if the victim is a child, pregnant woman, elderly person, or police personnel.
When compared to assault, battery is a serious crime. In a civil case, the defendant has to pay damages to the victim, in proportion to the harm caused. In a criminal case, a person charged with assault and battery can be punished with fine, imprisonment, or both. Usually, serious forms (like aggravated assault/battery, first-degree assault/battery) are considered felonies, which can be punished with an imprisonment of 5 to 25 years. Simple assault and battery are often classified as misdemeanors, which can be punished with fine and imprisonment up to 12 months.
To conclude, assault and battery are two interlinked offenses. Assault can be considered as an attempt to commit battery. In both cases, mutual consent is a commonly used defense. It can be argued that both the offender as well as the victim were involved in the fight. The defendant may also claim that it was the victim, who started the fight and he acted in self-defense. As mentioned above, laws regarding these offenses may vary from one state to another. So, it is always better to consult an attorney who is the best person to guide you in these matters.