What’s the Difference Between Assault and Battery?

Assault and battery are often mentioned in the same breath, but they are actually separate crimes with different penalties and defenses. In many cases, law enforcement will arrest someone for both assault and battery, because it’s common for an assault to result in battery.

The primary difference between assault and battery is that:

• An assault is a threat to harm someone
• A battery is the act of following through on that threat

For example, if you tell someone that you’re going to punch them in the face, you’ve committed a simple assault. If you then proceed to punch them, you have committed a battery.

In this article, we’ll describe the elements of assault and battery, including examples of the two crimes. We will also discuss the differences between the two, including the penalties and defenses associated with each.

If you’re facing assault or battery charges, consider speaking with a local criminal defense attorney. Your lawyer will review your case and evaluate the prosecutor’s evidence to determine the best defense strategy. They’ll also represent you in court if your case goes to trial.

Are Assault and Battery the Same Thing?

Since the criminal law often speaks about assault and battery in the same context, it’s common to believe that they are the same. However, assault and battery are separate crimes, with distinct legal definitions, potential penalties, and defenses.

In many cases, an assault leads to a battery. It’s unusual for someone to call law enforcement on somebody who only threatened to harm them, although there are exceptions.

For example, if somebody constantly threatens to hurt you, you’ll likely call the police at some point. However, it usually takes the other party to follow up on their threats before law enforcement is summoned. First-time threats can go unreported. Assault and battery often refers to a single incident where someone threatened harm and followed through.

Below, we’ll break down the elements of assault and battery and discuss the differences between the crimes.

What Is Assault?

A person commits an assault when they intentionally or recklessly threaten to harm another person, instilling their victim with a fear of imminent harm. A threat of harm is sufficient for a conviction of this crime.

In an assault case, the prosecutor doesn’t need to prove that the defendant engaged in any physical contact with the victim. It is enough that the defendant threatens to harm the other party through violence or force.

There are several classifications of assault. A person may face simple assault charges (misdemeanor assault) if they do nothing but threaten to harm another person. That same person will face more serious charges if they threaten to inflict serious bodily harm, primarily through the use of force.

For example, a person commits aggravated assault if they threaten to cause physical harm with a dangerous or deadly weapon. A more serious case of assault can occur if the defendant threatens to harm a minor. In some states, a person is guilty of third-degree assault if they threaten to harm a child under the age of four.

Is Assault a Misdemeanor or Felony Charge?

Whether the state charges you with a misdemeanor or a felony depends on the facts of your case. Most states categorize simple assault as a misdemeanor. If you threaten to throw a rock at someone but don’t follow through with it, you’ll likely face a misdemeanor charge. Threatening to harm a member of law enforcement, a prosecutor, or a judge will result in felony first-degree assault charges.

The prosecutor handling your case will consider the facts of your case and any aggravating factors when they file their charges. It’s a good time to consider hiring a criminal defense lawyer. They can poke holes in the state’s case and help you avoid a felony conviction on your criminal record.

What Is Battery?

Threatening to punch someone in the face can be charged as an assault. Following through on that threat and committing a physical attack constitutes battery.

Exact definitions of criminal charges vary from state to state. In general, a battery occurs when someone intentionally or knowingly engages in harmful or offensive physical contact with another person.

To secure a battery conviction, the state doesn’t have to prove that the defendant threatened the victim. All it must demonstrate is that the offender physically touched the other person without their consent and that the touching was offensive or harmful.

Types of Battery

Just as most jurisdictions have different levels of assault, they also recognize several types of battery. The penalties for this crime depend on the specific charge, the facts of the case, and the defendant’s criminal record.

The most common classifications of battery include the following:

• Simple battery: Physical contact that results in a minor injury
• Aggravated battery: Contact that causes serious bodily injury using a weapon or a battery committed against a vulnerable victim, such as an older adult or child
• Domestic battery: Causing physical harm to a spouse, dating partner, or family member

A battery may also qualify as a sex crime. If someone commits a sexual battery, they will face a more serious penalty than if they commit simple battery.

Main Differences Between Battery and Assault

Assault and battery are separate crimes. However, it can be difficult to distinguish between the two at first glance. It doesn’t help that many cases involve both an assault and a battery. This is why there are so many references to assault and battery in the news, online, and in the movies.

Some of the key differences between the two crimes include:

• Assault involves the threat of harm, while battery involves actual physical contact
• In an assault case, the state doesn’t need to prove that the defendant touched the victim
• In a battery case, proving unwanted physical contact is the crux of the prosecutor’s argument
• The penalties for assault are typically less severe than they are for battery

It’s common for law enforcement to charge an individual with both crimes at the time of their arrest. One way to look at it is that most battery cases involve an assault, and most assault cases involve a battery.

Penalties for Assault vs. Battery

The penalties for any crime often depend on the specific facts of the case and the defendant’s criminal record. The same is true for both assault and battery. Some assault cases result in more severe penalties than a battery, and vice versa.

The specific penalties for these crimes vary from state to state. However, penalties for assault are often close to the following:

• Simple assault: For first-time offenders, this is typically a misdemeanor charge with a penalty of up to one year in jail and fines of up to $500
• Aggravated assault: Felony charge punishable by a prison sentence of two to 20 years, heavy fines, and possible restitution
• Domestic assault: Also a felony, a conviction for this crime can lead to a lengthy prison sentence, restraining orders, and restrictions on firearm ownership

The penalties for battery are similar to those for assault. Again, it depends on the severity of the victim’s injuries, the defendant’s criminal history, and the nature of their behavior.

In general, the penalties for battery are as follows:

• Misdemeanor battery: Up to one year in jail, fines, probation, and community service
• Aggravated battery: These cases often involve the use of a deadly weapon, with penalties including a prison sentence of up to 20 years, hefty fines, and possible restitution
• Domestic battery: This charge (usually a felony) can lead to jail time, restraining orders, mandatory counseling, and restrictions on firearm ownership

Defenses to Assault and Battery

If the state files assault or battery charges against you, a good first move is getting in touch with a criminal defense lawyer. Once they have a chance to review your case, they’ll start to craft a defense strategy.

Some common defenses in assault and battery cases include:

• Lack of intent: For example, the contact was accidental rather than intentional
• Self-defense: You can argue you used reasonable force to protect yourself from imminent harm
• Defense of others: Similar to self-defense, but protecting another person from harm instead of yourself
• Defense of property: In limited circumstances, you may use reasonable force to protect your property (though this is limited and doesn’t apply in all jurisdictions)
• Consent: The alleged victim might have consented to the contact (common in contact sports, medical procedures, or consensual physical activities), although it cannot be used as a defense for serious bodily injury
• Inability to carry out the threat: Can counter an assault charge if the defendant lacked the ability to actually harm the other person in that moment
• No reasonable fear: Also related to assault, an argument that the alleged victim could not have reasonably feared imminent harm based on the circumstances

In limited circumstances, you can raise the defense of intoxication. However, most judges will not accept voluntary intoxication as a defense to either of these crimes. Intoxication is only a defense to crimes that require specific intent.

Civil Consequences of an Assault or Battery Claim

Your primary concern when facing criminal charges should be retaining a criminal defense attorney to help fight the charges. Even if the charges don’t result in jail time or a conviction, you may still face civil penalties.

If you commit an assault or battery against another person, they may file a personal injury claim against you. All they have to prove is that you committed an intentional act that resulted in bodily harm or the reasonable fear of bodily harm. If successful, the court can order you to pay damages.

Seek Legal Representation for Your Battery or Assault Case

If you’re facing battery or assault charges, you are probably scared and worried about how it will impact your life. That’s perfectly normal. One way to alleviate the anxiety you’re feeling is to retain an experienced criminal defense lawyer. An attorney will clarify the legal side of things for you and work toward securing you the best possible outcome.

Contact a local law office specializing in criminal law to schedule a case evaluation. You should seek legal advice sooner rather than later, as things move quickly after your arrest. Having a legal expert on your side will likely make a big difference.