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Many people think that assault and battery mean the same thing, but there is a distinction. Assault refers to the threat or intent to inflict physical harm on a person, whereas battery refers to the actual physical act of making contact and inflicting harm. However, over time, both have come to mean the same thing and most states, when referring to assault and battery, define it as some form of physical harm or offensive contact. Assault and battery is punishable based on the following factors:
- how much bodily harm was inflicted
- whether a weapon was used to inflict injury or with the intent to inflict injury
- whether the victim was vulnerable with no means to defend themself
- whether the victim was vulnerable with no means to defend themself
- whether the offense was a hate crime
When injuries sustained from an assault are less serious, it is considered a simple assault & battery case, whereas injuries of a serious and severe nature, including those sustained from a deadly weapon, are considered aggravated assault. Assaults can be in the form of road rage; fights in restaurants, bars or clubs; domestic violence; disorderly conduct; and more. Sometimes, even people defending themselves are charged with assault.
Because laws of assault and battery developed out of common law, a person charged may face both criminal and civil charges. In addition to being fined, convicted, or jailed, a person may have to pay compensatory damages to the victim as well.
