What Is the Difference Between Assault and Battery?

Assault and battery are related but distinct criminal offenses. Understanding the difference matters because the charges and penalties vary.

Assault is generally defined as an intentional act that causes another person to reasonably fear imminent harmful or offensive contact. No physical touching is required. Raising a fist, making verbal threats while appearing able to carry them out, or swinging and missing can all constitute assault.

Battery is the actual intentional and unlawful physical contact with another person. This can range from a punch to unwanted touching. The contact does not need to cause injury — offensive or harmful contact is sufficient.

Combined statutes. Many states have merged these offenses into a single crime called "assault" or "assault and battery." In these jurisdictions, the distinction is less important for charging purposes but may still affect sentencing.

Degrees and classifications:

Penalties. Simple assault or battery may carry fines and up to one year in jail. Aggravated offenses can result in years in prison. Penalties also increase for repeat offenders.

Defenses may include self-defense, defense of others, consent (in limited contexts), or lack of intent.

This is legal information, not legal advice.