Assault vs. Battery: What’s the Difference?

Watching crime dramas or true crime reenactments on television exposes people to many legal terms, but few of those shows explain the meaning of the charges discussed. One commonly misunderstood term, assault and battery, consists of two separate charges. They frequently occur in tandem, but one can happen without the other.

Each state defines assault and battery in slightly different terms, but each share some commonalities, according to Nolo. How a state classifies them can differ. Some states use the terms simple or aggravated, while others use degrees, such as the first, second, and third degree to describe the severity of the crime, where the first degree describes the most severe. Let’s consider what the definitions of assault and battery have in common across the country.

The Meaning of Assault

The term assault refers to any intentional threat of violence that results in an individual fearing attack or physical harm. It can range from fighting words to gestures, but mere words said in the heat of an argument don’t qualify as an assault. The law recognizes that people frequently say things they don’t mean in the course of an argument. 

Because assault doesn’t require physical contact, once an individual has made a credible threat to another person, the threatened individual can go to the police. Law enforcement can intercede to stop the assault from turning into assault and battery.

The Meaning of Battery

Battery refers to physically attacking a person with fists, feet, or a weapon of any kind. Punching and kicking a person qualifies as battery, but so does bludgeoning them with a baseball bat or a tire iron. Battery can occur without assault taking place, but typically, the two occur in tandem. Few people simply walk up to someone and hit them without conversation or provocation.

Putting the Terms Together

Although they can happen separately, more commonly, a person issues a threat and acts in such a way as to make the other party take it seriously. For example, if one person shoves another while issuing a threat, that’s typically considered a credible threat. In many states, that action would qualify as a simple assault, a misdemeanor in most locations.

Aggravated Assault and Its Aggravating Circumstances

When the police or court officials charge a person with aggravated assault, it refers to an act of severely battering the survivor of the crime. Sometimes, the use of a weapon, such as a gun or a knife, elevates the charge to aggravated assault, so the charge would read “aggravated assault with a deadly weapon.” 

In other situations, actions on the part of the attacker, such as pulling off a woman’s underwear while attacking her, reveal the intent of a sexual crime, such as rape. In these cases, the prosecuting attorney may file charges worded as “aggravated assault with the intent to rape.”

Some attackers use such force as to make clear that they intended to kill the survivor, but failed. For example, an individual might strangle a person in an attempt to restrict their airway so they could not breathe. In certain states, this could result in a charge of “aggravated assault with the intent to kill.”

Vulnerable and Protected People

In the U.S., the law protects certain groups of vulnerable individuals and makes the punishments for assaulting and battering them stronger than for adults. Children and the elderly qualify as vulnerable groups under the law. School teachers and emergency medical technicians (EMTs) qualify as protected individuals. The law protects these individuals who cannot defend themselves or who put themselves in harm’s way to help society at a higher level.

Protections against child abuse and elder abuse fall into this category of assault and battery charges. For instance, if an orderly at a nursing home fondled an elderly patient, the prosecutor could add assault and battery charges to a charge of fondling. The contact would qualify as unwanted and the elderly patient would reasonably fear their attacker’s reprisal.

What to Do When Accused of Assault, Battery, or Both

Have you been wrongly accused of assault? Take these criminal charges seriously and contact the law office of Benton Baker IV. Let our experienced attorneys help you address these criminal charges. We fiercely advocate for your freedom and defend you to the best of our abilities. If you’ve been charged with assault, battery, or both charges, call or email us today to set up an appointment to plan your defense.