Assault and battery are both crimes. Both of them are charged with harsh penalties if prosecuted. However, the differences between them are often misunderstood. Many people unknowingly use them under the same umbrella of crimes.
This should be avoided, as there are significant differences between the two. Understanding the distinctions between these offences is critical if you or your loved one is fighting a case. With a better understanding, you can shape the potential outcome of your case favourably with your lawyer.
Let’s find out more about assault and battery and how they are different from each other.
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What Is an Assault?
Assault is a broad term that covers various actions. These include threatening a person verbally or attacking them. Assault can be divided into three categories. These include common assault, ABH or actual bodily harm, and GNH or grievous bodily harm.
1. Common Assault
Common assault refers to inflicting violence on someone verbally. The attacker does not physically harm the person. However, they act in a way that the victim feels that they are about to be attacked.
2. Actual Bodily Harm (ABH)
This type of assault is caused when the attacker injures the victim in some way. Injury can be minor. But it must be visible to the eye. In actual bodily harm, the attacker does not just verbally attack but also leaves behind the evidence of attack in the form of minor but obvious injuries to the victim.
3. Grievous Bodily Harm (GBH)
Grievous bodily harm, as the name implies, means that the attacker has caused serious physical harm to the victim. Injuries that aren’t dangerous but lead to disability are included in this type of assault.
This type of assault also includes wounding. Wounding occurs when the skin of the victim is broken. Note that bruising does not count as wounding.
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What Is a Battery?
Battery, or criminal battery, occurs when a person uses force against the other, resulting in offensive contact. In other words, the battery is the unlawful touching of another person, which is intentionally done. To be charged with this offence, a person needs to have made intentional physical contact with the victim. This contact should be offensive or harmful and must have occurred without the victim’s consent.
Note that the person committing battery may not have the intent to harm the victim. What they do have an intent for is to cause offensive contact. There are various types of battery offences.
1. Simple Battery
Simple battery is any type of insulting or non-consensual or insulting contact. The offender has an intent to cause an injury to the victim.
2. Sexual Battery
Sexual battery involves touching the intimate body parts of the victim without their consent. For many states, it means anal, oral, or vaginal penetration by or with the sexual organ of the victim.
3. Family-Violence Battery
This type of battery is limited to the offence having occurred between people with some relationship with each other. This type of battery is a crime that can take place between current or former spouses, individuals with a child, parents and children, foster parents and foster children, and people currently or formerly living in the same house.
4. Aggravated Battery
Aggravated battery occurs when the offence results in serious bodily injury. It is the intentional infliction of significant bodily harm. The aggravated battery comes under the category of a second-degree felony.
Differentiating Between Assault and Battery
By now, you must have gained a better understanding of assault and battery. The major differences between them have been listed below.
Legal Definition
Assault, by its legal definition, is an act that causes fear of imminent violence. It can also be called a misdemeanour. Physical harm does not need to be part of the assault. It is also sometimes called an attempted battery.
The legal definition of battery is the unlawful and willful use of force on someone. The force can either be harmful or a slight touch. This touch can be indirect, whereby the attacker can use another object to touch the victim.
Components of Assault and Battery
Assault
- Assault results in an immediate threat of violence to the victim.
- The threat of violence in an assault can be expressed by both doing or saying something.
- The attacker commits assault with the knowledge that they can force or harm the victim with their actions.
Battery
- Battery includes both harmful and offensive touch.
- Sexual battery can come in the category of felony or misdemeanour.
- If the force in a battery is used on a person with whom the attacker has any kind of familial relationship, it will come under domestic violence.
Charges for Assault and Battery
Simple assault is punishable by six months in jail. Sometimes, the sentence may also include $1,000 if the assault happened against an established authority. In such a case, the jail sentence can extend up to a year. The fine can also increase up to $2,000.
However, if the assault is aggravated, such as that made using a deadly weapon, even if that weapon is untouched, the jail sentence can extend to up to four years.
Simple or misdemeanour battery is punishable by a charge of up to $2,000. In addition to the fine, the attacker will be required to spend six months in jail.
However, in case of aggravated battery, where the victim is seriously hurt, the attacker can be charged to spend up to four years in prison. Decisions regarding punishment for battery are made based on the extent of the victim’s injury.
Defending Yourself Against Assault and Battery
Being charged with an assault or battery can be extremely stressful. It is critical to take action before it gets too late. The best way to shield yourself from being charged is by seeking the assistance of a reputable criminal defence lawyer. They help you build a robust defence against these offences. With them by your side, you can reclaim your normal life or serve a fair sentence.
