The difference between assault and battery lies in whether there was a threat of harm or actual contact with the victim. Written by • The major difference between assault and battery is the amount of contact. Assault generally means when a person planned and tries to harm another person which also includes giving threats to someone else and Battery, on the other hand, it means when a person tries to compromise to harm physically to another person without the person’s consent. Self-defense is the most common defense used in both assault and battery charges. As nouns the difference between assault and battery is that assault is a violent onset or attack with physical means, as blows, weapons, etc; an onslaught; the rush or charge of an attacking force; onset; as, to make assault upon a man, a house, or a town while battery is a device that produces electricity by a chemical reaction between two substances (). Test. Assault on the other hand, often refers to the mere threat of harm, even if there was no actual harm that was inflicted on another individual. Battery is an aggravate form of assault. The charge of assault is only applied, if the victim has only been threatened not touched by criminal. For example, if someone punches you in the face, you probably will not get medical bills, lost wages, or pain and suffering, and attorney expenses for filing a civil lawsuit, but that does not mean you could not press criminal charges. In these states, the definition of assault encompasses the definition of battery of other jurisdictions. It’s important to note, however, that words alone do not equal assault. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. An assault is where you threaten to do violence to someone and that threat puts that person in fear. If the victim has not actually been touched, but only threatened (or someone attempted to touch them), then the crime is assault. The Main Difference Between Assault and Battery. Assault is a see also of battery. The two offenses are commonly mistaken for each other and are often used interchangeably. The reason is that there is no evidence of physical harm. For this reason, assault with a firearm is classified as a first-degree assault. The key difference between assault and battery is the physical contact between two persons. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. Battery, on the other hand, is generally defined as a physical act that results in harmful or offensive contact, such […] One of the most confusing elements of criminal law concerns knowing the difference between assault and battery. However, there is some confusion between these three charges and what each means. @media (max-width: 1171px) { .sidead300 { margin-left: -20px; } } Most of the time, the difference between an assault and a battery is did you make contact with the person, did you actually touch them. Domestic Violence, Violent Crimes Social Share. 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. However, some suspects may merely be charged with assault. Assault vs. Domestic Violence, Violent Crimes Social Share. While both crimes constitute misdemeanor or felony charges depending on the details, assault and battery are separate and distinct offenses in Florida, handled and punished differently. • The punishment of battery charge against a person is very tough as compared to assault. While it is common for people to assume that assault and battery are the same crime because these two words are commonly used together, there are differences between the two in the state of Florida. Difference Between Assault and Battery. Read on to learn more about the difference between civil and criminal assault and battery. A common mistake when it comes to assault and battery is that assault refers to the violent act of a person hitting or striking someone else, while battery refers to threatening behaviour. The main difference between assault and battery is the seriousness of the punishment. It is the fact that both assault and battery are criminal charges, but they are different from one another. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. Both charges are sometimes leveled simultaneously against a person and sometimes separately. However, like most states, the State of California defines each crime differently. This is a key difference between assault and battery. The primary difference between assault and battery is physical contact, a sometimes-blurry line we will evaluate as we look into the charges brought against you. What Types of Actions Are Considered Assault? Our goal is to be an objective, third-party resource for everything legal and insurance related. The difference between assault and battery lies in … What is the difference between assault and battery? This charge exists in order to prevent the assaulter from physically harming the victim. It carries the charges of Class 2 to Class 5 felonies. • A person, who receives punishment of battery, is essentially guilty of assault. The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Thank you for the quick simple definition. What is the Difference Between Assault And Battery? Flashcards. I also thank you for your assistance answers they are very helpful to me Thank you very .much. The punishment of battery is different in different countries; however the type of punishment depends upon intensity of injury. There is however one major difference between the two terms for those in the know. Difference between Assault & Battery. Assault typically doesn’t involve physical contact, while battery does. In certain jurisdictions, assault and battery are often paired together as one offense. Assault is the charge which is against a threat of violence and battery is the charge against physical violence. The law will able to fix problems after they have occurred, and often that can be too late. Battery, on the other hand, is what most people believe assault to be (i.e. Battery is the extreme stage of Assault. Being charged with assault or assault and battery is very serious and can result in jail time. Our opinions are our own. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Anyone who is charged with battery is essentially also guilty of assault. Assault typically doesn’t involve physical contact, while battery does. Match. Assault is an attempt to commit a battery or the intentional placing of another in reasonable apprehension of receiving a battery. Many people believe the two crimes are the same, with defendants receiving a charge for assault and battery for the same crime. This is another difference between assault and battery. How Does Arizona Define Battery? Even a minor touching can qualify as batter providing it is painful, harmful, or offensive to the victim. If you have been accused of one of these crimes, it is wise to understand what your criminal charges mean, and what the prosecutor will need to prove to secure a conviction. We strive to help you make confident insurance and legal decisions. Assault only requires that a victim be reasonably afraid that the defendant was going to cause them harm, as well as proof of the defendant’s intent to do so. Assault is a threat of harm that causes fear of physical hurt in a victim. Write. It’s important to note, however, that words alone do not equal assault. Here is what each charge means, the consequences of them, and some arguments that an experienced criminal defense attorney can use to defend you in court. Another important distinction between these two offenses is in regards to the penalties of a conviction. For example, trying to punch someone while standing in front of them could result in an assault charge even if you missed hitting them. (adsbygoogle = window.adsbygoogle || []).push({}); Copyright © 2010-2018 Difference Between. Most of the time, the difference between an assault and a battery is did you make contact with the person, did you actually touch them. Despite being different crimes, being charged with either is a serious matter that may permanently affect your personal and professional prospects should you be convicted. In simple terms, assault is an attempt to use force or violence against another person, while battery is actually using force or violence against another person. When talking about what is the essential difference between assault and battery, in some jurisdictions, assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim while battery is the actual physical impact on another person. Simply put, the most significant difference between assault and battery is the amount of contact involved in the process. From a legal standpoint, assault and battery often form one charge against a suspect. As it turns out, one is physical; the other psychological. Assault is an action that causes an apprehension in the mind of the victim that an act of battery is about to take place; Battery refers to the act of striking someone with physical force and no lawful justification and mayhem refers to the act of crippling someone and rendering them defenseless. In other words, assault is the attempt to commit battery. An act of violence that is followed through on will be classified as battery in Arizona.