1 Answer

   The difference between assault and battery lies in the definition of the terms. In legalese, assault is any reasonable threat to a person. The person who is committing the assault does not have to actually touch a person. But a reasonable and immediate threat to the person being assaulted must exist for a claim of assault. Battery, on the other hand, requires contact.

A few things are considered automatic assault without being considered assault and battery. Pointing a gun at someone, or waving a weapon like a knife, or a potential weapon like a baseball bat is assault. At that moment, anyone who is being threatened is being assaulted.

For assault and battery to both be present, one must wave a weapon, or one’s fists, or threaten physical harm, and then commit physical harm. The difference lies in whether the supposed criminal ever touched the victim. As soon as a threat becomes a blow, the crime is then assault and battery.

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