Battery vs Assault
Battery and assault are a combination of threat and physical harm. The
severity of harm caused decides the charge of a battery and assault case. It
could either be a misdemeanor or felony according to common law.
Difference between Battery and Assault
| Topic | Battery | Assault |
| Justification | Self-defense, defense, necessity | Self-defense or defense |
| Common-Law | Intentional tort (Negligent tort in Australia) | Intentional tort |
| Important aspect | Physical contact is mandatory | The threat of violence is enough to constitute assault; no physical contact is necessary |
| Purpose | To cause harm | To threaten |
| Name of crime | Definitely physical | Not necessarily physical |
Definition
Any reasonable threat to a person is assault while battery is defined as the
use of force against another with the intent of causing physical harm without
his consent. In other words, assault is the attempt to commit battery.
Principle
An assault can cause fear of impending violence in a person even though there
is no actual violence inflicted. The battery on the other hand trespasses into
the comfortable personal space of a person without his consent and causes him
bodily harm.
Is battery possible without assault?
There must be an intent to harm, but the intent is not sufficient if it
produces the mere possibility of harm or the threat of battery in the distant
future. Rather, the intent must be evidenced by imminent danger, some overt
act that threatens battery.
Is battery considered a violent crime?
Assault and battery use are two violent crimes that involve threatening harm
or causing actual harm to another person.
Thus, words or intentions alone do not constitute assault.
Is spitting a battery?
In the state of California, spitting on another person, someone’s food, or
similar acts such as the ones committed by Arguello could lead to battery
charges. Under California Penal Code Section 242, the battery is defined as
any willful and unlawful use of force or violence upon another person. Any use
of force that results in actual physical contact with another person can lead
to a battery charge.
