Assault vs. Battery: What’s The Difference?

Assault and battery — These two terms have often been used together throughout our history, but the truth is, not many people know the difference. Is there a difference? The short answer is: Yes. Most jurisdictions define assault as intentionally putting someone in reasonable apprehension of an imminent harmful or offensive contact. Or, put another way, an assault is a meaningful threat of harm. Therefore, physical injury is not required. Battery, on the other hand, is the actual physical act of committing harmful contact. Physical injury is required for a battery. In a way, assault is an attempted battery. It sounds simple enough, but in reality, distinguishing these two can get complicated.

 

What’s The Difference Between Assault And Battery?

The truth is, there is no one answer to this question. Historically, assault has been defined as the meaningful intent to commit harm against a person, and that person having a reasonable fear of physical harm. It is a threat that does not require physical contact. Then, once the threat is carried out and there is harmful or offensive physical contact, it is no longer an assault. It is a battery. In several states, this distinction is still used. However, in other states, the two terms have been combined together as one offense. ‘Assault and battery’ encompasses both the threat and the act because when someone physically harms another, they also have the intent to do it. And in some other states, the definition of assault has been expanded to include physical contact as well as the threat. This is also known as ‘common law assault.’ In those states, ‘assault’ is used in criminal cases to refer to both the traditional definitions of assault as well as battery, and the term ‘battery’ is only used in civil law, such as tort law cases. So, while assault and battery are historically seen as two separate things, in modern times, they are getting blended together.

There are many similarities between assault and battery. Both are crimes directed against a person, meaning they are bodily harm offenses. Other bodily harm offenses include rape, kidnapping, and homicide. And, both assault and battery also require intent. That means you can’t accidentally assault or battery someone. To commit an assault, there must be an intention to cause physical harm, and a reasonable person must be in fear of physical injury. To commit a battery, a person must have the intention to cause physical harm. Accidentally hurting someone is not a battery. Finally, in both assault and battery, ‘bodily harm’ doesn’t necessarily mean serious injuries. Rather, it is some form of harmful or offensive contact with another. Also, note that this contact doesn’t have to be direct. It can be indirect, meaning the contact is done through an object.

 

Penalties For Assault Charges

Because assault is defined differently throughout the country, the penalties for assault also vary. But, across the board, there is a distinction between two types of assault: ‘simple assault’ and ‘aggravated assault.’

Simple assault is classified as a misdemeanor crime, meaning it is a less serious offense. Acts of simple assault are threats or contact resulting in minimal injuries. Examples include raising a fist or shoving someone. Some states break down misdemeanors even more into classes: Class A (most serious), Class B, and Class C (least severe). Depending on the state, simple assault can fall under any or all of these classes, based on that state’s definitions. Generally speaking, the penalty for misdemeanors is:

 

• Up to 1 year in jail
• Up to a $1,000 fine

 

Aggravated assault is classified as a felony crime, meaning it is a more serious offense. Acts of aggravated assault are threats of harm with a weapon, contact resulting in great bodily harm, or committing assault against a particular victim, such as a police officer, minor, or elderly person. Examples include pointing a gun at someone or breaking multiple bones. Most states break down felonies into classes: First Class (most serious), Second Degree, Third Degree (least severe). Depending on the state, aggravated assault can fall under any or all of these classes, based on the state’s definitions. Generally speaking, the penalty for felonies is:

 

• Up to 25 years in prison
• Up to a $250,000 fine

 

Penalties For Battery Charges

Battery is also defined differently throughout the country, so the penalties for battery also vary. Like assault, there is generally a distinction between two types of battery: ‘simple battery’ and ‘aggravated battery.’

Simple battery is also classified as a misdemeanor crime, so it is a less serious offense. An act of simple battery is when the physical contact results in minimal injuries. Examples include pushing, slapping, or shoving someone. Some states break down misdemeanors even more into classes: Class A (most serious), Class B, and Class C (least severe). Like simple assault, depending on the state, simple battery can fall under any or all of these classes, based on that state’s definitions. Generally speaking, the penalty for misdemeanors is:

 

• Up to 1 year in jail
• Up to a $1,000 fine

 

Aggravated battery is classified as a felony crime, so it is a more serious offense. Acts of aggravated battery involve the use of a weapon, causing great bodily harm, or committing battery against a special victim, such as a police officer, minor, or elderly person. Examples include stabbing or beating someone with a baseball bat. Most states break down felonies into classes: First Degree (most serious), Second Degree, Third Degree (least severe). Like aggravated assault, depending on the state, the aggravated battery can fall under any or all of these classes, based on the state’s definitions. Generally speaking, the penalty for felonies is:

 

• Up to 25 years in prison
• Up to a $250,000 fine

 

Defending Against An Assault Or Battery Charge

Criminal defense lawyers can raise a number of defenses in assault or battery cases. Some of these defenses a common amongst all crimes, while others are specific to assault and battery or crimes committed against a person. These defenses for assault include: 

• Lack of intent to cause or threaten to cause bodily harm.
• Lack of attempted use of force,
• Wrongly accused or identified, 
• Acting in self-defense or defense of others. 

 

Similar, the defenses for battery include:

• Lack of intent to cause bodily harm,
• Lack of actual physical contact (only attempted),
• Mutual consent,
• Acting in self-defense or defense of others.

Hiring an experienced criminal defense attorney to build a strong defense can lessen the severity of the charge or the penalty, have the charge dismissed altogether, or have the charge expunged from your criminal record.

 

Real-World Example Of Assault

The best way to understand what assault is, how it is different from battery, what the penalties for assault are, and how a defense against assault could work is to see a real-world example. Consider these scenarios:

Richard enters a party and sees his old friend Mike. Mike owes Richard some money, but Richard forgot all about it. When Richard approaches Mike, he raises his hand toward Mike. Mike thinks that Richard is going to slap him, but Richard is actually wanted to shake his hand. This would not be an assault because Richard did not have the intent to cause Mike physical harm.

Consider this the other way around. Richard remembers that Mike owes him money and is angry with Mike. Mike forgot that he owed Richard money, and when he sees Richard extend his hand, he thinks it is for a handshake. Really Richard is reaching out to slap Mike. Again, this would not be an assault because although Richard has the intent to cause Mike harm, a reasonable person in Mike’s shoes would not have recognized this gesture as a threat of a physical attack.

Finally, consider if Richard raises his hand towards Mike and shouts at Mike for owing him money. Mike then becomes aware that Richard is a threat and trying to cause him harm. In that case, if Richard does not actually make physical contact with Mike, it is a simple assault. If he does make physical contact with Mike, he has committed a simple battery. In this case, the simple assault or simple battery would not be considered serious, as Mike did not suffer serious bodily injury, so Richard would face a criminal charge with a misdemeanor assault or battery charge and potential jail time.

 

Real-World Example Of Battery

In order to better understand what battery is, how it is different from assault, what the penalties for battery are, and how a defense against battery could work, is to see a real-world example. Consider these scenarios:

Rob is sitting at a bar when he overhears a man shouting profanities. Rob gets offended and approaches the man. Rob tells the man he better stop shouting, or he will beat him up outside. So far, this is not a battery, or even an assault, since this is just a threat to harm, but not to harm imminently. But then the man grabs Rob’s coat and shoves him. Here, a simple battery has occurred against Rob; however, the man would probably have a good self-defense claim.

Rob and the man agree to go outside and talk. If they agree to fight, then either could raise a mutual consent claim against the other. But instead, imagine that the man only wanted to talk and Rob wanted to fight. Rob makes a fist and swings at the man, punching him in the face. Rob has just committed a simple battery, which is a misdemeanor criminal charge.

However, imagine that the man is 80 years old. Or that instead of swinging and punching the man, Rob removed a knife from his pocket and stabbed the man. If either of these factors were changed, Rob would not only have committed battery, he has committed aggravated battery which is a felony, because of the victim’s age or his use of a deadly weapon, and could face a prison sentence instead of jail time.

 

The Bottom Line

Assault and battery are historically two separate crimes committed against a person. Assault is the intent and imminent threat to commit physical harm, whereas battery, is the actual act of committing physical harm to another. However, in modern times, different states have defined these terms differently under civil and criminal law. Some continue to keep the two as separate offenses, others have combined them together as one charge, and others have expanded the definitions of assault to include battery, and dropped the term battery from their criminal statutes. 

 

Frequently Asked Questions

Is punching someone a battery or assault?

In truth, it depends on where the punch occurs. Traditionally, punching someone has been considered battery because actual physical contact with the victim was made by the offender. However, some states no longer use the term battery for criminal cases, only civil, and have expanded the definition of assault to include physical contact. In those states, it would be considered an assault under criminal law.

 

Which is more serious, assault or battery?

Historically, assault means an attempted battery, so in that sense, battery is more serious. However, criminal laws have elaborated on the definitions of these terms depending on the severity of the offense — simple and aggravated — often with degrees or classes. In most cases, a simple Class A assault is just as serious as a simple Class A battery. A simple Class A assault is more serious than a Class C battery. A second-degree aggravated assault is more serious than a simple class B battery, and first-degree aggravated assault is more serious than second-degree aggravated battery.

 

Is assault considered a violent crime?

Assault is considered a violent crime as it is a crime committed against a person, even if that crime is just a threat and does not result in personal injury. The law has recognized that even just placing someone in fear of bodily harm deserves punishment, even if the victim is not physically harmed. It allows law enforcement to arrest an assailant who plans to commit harm but for one reason or another, is intervened. Maybe the victim is able to get away, or someone else intervenes. The physical harm did not actually take place, but the intent to do the harm was there.