Assault and battery can be confusing terms to distinguish from one another. Their definitions sound similar, and the offenses often occur at the same time. However, they have different meanings.
Simply put, assault is a threat to do something physically harmful or offensive to someone else. On the other hand, battery is the actual act that causes harmful, painful, or offensive contact. Let’s learn more about these two offenses below.
Battery
Battery is considered a general intent offense caused by unwanted contact by the accused person. This means the accused person can be found guilty of battery even if there was no intention to cause specific harm. In other words, gross negligence and even recklessness are enough to prove intent to cause harmful, painful, or offensive contact.
Two elements can establish a battery case. These are:
- An act by the accused –This can be one of two forms of contact. One form is causing injury or physical harm, such as a cut or burn. The second form of contact is doing something offensive or insulting to the victim, such as spitting in someone’s face.
- Offensive or harmful conduct – An accused person can be charged with battery if their actions result in events that later cause an injury or physical harm to the accuser.
Degrees of Assault
Assault is an attempt or threat of bodily harm, while battery is a criminal offense that includes unlawful physical contact. While the two have different definitions, they often go hand in hand. For instance, someone might threaten you before actually executing the threat.
Since assault could lead to serious bodily harm, the law separates it into three main classes: first-degree assault, second-degree assault, and third-degree assault. Other states have reservations for certain assault cases such as petty assaults, reckless endangerment, or vehicular assault. The penalties for each of these assaults vary. Below is a quick overview:
- First-degree Assault – Conviction occurs if it’s proven that the accused caused serious bodily harm with a deadly weapon and that they intended to do so. This is the most severe type of assault and carries the harshest penalties.
- Second-degree Assault – Conviction occurs if it’s proven that the accused caused moderate or serious physical harm and that they did so intentionally. Second-degree assault may also include the use of a deadly weapon.
- Third-degree Assault – This is a misdemeanor generally punishable by up to 12 months in prison. A conviction occurs if the accused caused bodily harm but without intention. This could be due to negligence or recklessness while using a deadly weapon.
Defending Against Assault and Battery Charges
One of the common defenses against these two charges is mutual consent, meaning the parties involved consented to the situation that led to the attack and bodily harm. Other possible defenses are self-defense or the defense of property and others. However, to qualify as self-defense, the force used to stop the harm or injury should be proportionate to the damage caused by the accused. Similarly, if the accused can prove they had no intention of harming the accuser, a judge may rule out first-degree assault and possibly second-degree assault.
That said, an assault can be considered intentional if the accused knowingly communicated a threat to the accuser. An intent to frighten or scare a third party is enough proof that the accused person intended to carry out the offense.
Conclusion
If you or a loved one is charged with assault or battery, you should consult a seasoned criminal defense lawyer to help you navigate the situation. Similarly, you should seek legal representation if you are a victim of battery or assault. An attorney will be in the best position to help you navigate the nuances of either situation.