About 627 assault and battery crimes out of every 1,000 get reported to the police. One reason for this is that people don’t realize that what they’ve experienced is a crime. This leads to a lack of accountability for those who commit these crimes.
The best thing you can do is educate yourself on the law. This starts by understanding the difference between assault and battery.
Read this guide and learn about the law and how it could apply to your life.
An assault is committed when someone threatens bodily harm that instills reasonable fear of harm in the victim. This definition of assault assumes that battery is a separate crime.
In other jurisdictions, an assault has a broad definition. In these jurisdictions, assault is any intentional physical contact with the victim without their consent. This means that assault and battery are combined.
To prove that you are the victim of an assault, you need to prove three elements.
These elements can vary, depending on the jurisdiction that you’re in. These are general guidelines that most follow.
A battery is the actual physical harm to the victim. It can be even a minor touching as long as it results in pain, harm, and offense to the victim.
To prove that you are a victim of a battery, you must prove three elements.
Like the elements of assault, the elements of a battery can vary from one jurisdiction to the next.
In some jurisdictions, assault and battery get charged to the defendant together. This is because, most of the time, the perpetrator does something threatening to the victim before the actual harm.
Most states have varying degrees of assault and battery. The majority of states have three degrees of assault and battery. These can be referred to as aggravated assault or first, second, and third degree.
The most significant difference between an assault and a battery is the physical contact. Someone can commit both or one of these crimes.
Someone could commit just an assault by threatening harm and causing that fear in the victim without actually causing the harm. To commit both by threatening, then following through with that threat. To only commit a battery, the defendant could attack the victim from behind, so the victim never sees the impending attack.
Now that you understand the difference between assault and battery, you can stand up for your rights. If you think you are a victim, then it’s smart to speak with an attorney. They will have a better understanding of the law that applies to your jurisdiction.
Check out our other articles for more helpful advice and explanations to your burning questions.
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