Difference Between Assault and Battery

In certain places, assault is defined as the threat of injury while battery is the actual physical effect on someone else. For a quick understanding, if the victim hasn’t been touched, but only threatened then the crime is assault. If the victim was touched in a painful, harmful manner, then it could be battery. Here in this article, we are going to share he basic¬†Difference Between Assault and Battery.

An attack can lead to fear of impending violence at an individual even though there’s absolutely no actual violence inflicted.

Threatening an individual is the attack but hitting the man or woman is a battery. Assault and battery usually occur together. Behavior such as pointing a gun at someone or waving a possible weapon constitutes assault.

There are different levels of assault and battery. Note that Assault and Battery are two distinct criminal charges which may be put against guilty. Assault is the threat of violence while battery is physical violence.

Difference Between Assault and Battery


Assault is a threat of injury that leads to fear of bodily hurt. There might be different kinds of attack like waving a weapon, pointing a gun, use of any possible weapon to threaten a man.


Battery is the intense stage of Assault. Battery is a violent contact between two individuals and the injury could be of any kind, that could happen due to offender’s physical contact. Assault and Battery are extremely common violations that mostly contribute to personal injury cases.

  • First degree assault, the amount of assault that’s given the harshest punishment.
  • Second degree assault will normally include the use of a dangerous weapon.
  • Third degree assault is the kind of attack that receives the lightest punishment.

Assault and battery are a mix of threat and physical injury. But many people are confused with these two terms because they are little same.

Difference Between Assault and Battery

Assault and battery are two separate legal charges that are often combined into one because they often occur at the same time in the same incident. When you are charged with battery, you will automatically also be charged with assault, but if you’re charged with assault, you might not necessarily be charged with battery.

Difference Between Assault and Battery

Make any sense? We’ll clear it up for you. Although exact definitions change from state to state, a basic definition would look a little something like this: Assault is any threat to do harm to someone. You can verbally assault someone, physically assault someone, or sexually assault someone, but it all involves the threat of harm, even if you never actually do any damage. For instance, if you point a gun at someone if you wield a bat at them and threaten to hit them if you indicate that you’re going to sexually assault someone, all of these charges are assault because they threaten harm. The charge only becomes battery when you physically touch someone.

Penalties with Assault and Battery Charges

Police subdue a man who has assaulted someone.Assault is generally divided into different degrees when you’re talking about criminal charges, the 4th degree being the lowest and 1st-degree assault being the most serious of charges. In most cases, as long as the assault doesn’t also involve a battery, assault is treated as a misdemeanor, involving very small amounts of jail time, a fine, community service, or other forms of punishment. In rare cases, assault on its own can constitute a felony. When you get into civil law, the tort of assault makes no distinction between different degrees and will simply award financial damages based on the perceived harm done by the assault and punitive damages. When you start looking at assault and battery charges, assault and battery can be characterized as a simple battery¬†to aggravated or sexual battery. While a simple battery is almost always a misdemeanor charge of low degree assault, aggravated battery or sexual battery are felony charges that can have you facing very serious jail time anywhere from two to twenty years. The amount of jail time is contingent upon the nature of the offense if you have previous criminal charges, and where the assault took place.

Assault and battery in some cases can also be tried in civil court. In that case, the courts have no distinction of different degrees of assault and place no burden of proof to qualify for a certain statute. That is to say, that punching someone on the arm is the same tort charge as hitting someone over the head with a pipe. It is up to the civil court to award damages based on the nature of the offense.

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