Topic > Differences and Similarities Between Assault and Battery

Assault and battery are both a combination of threat to the victim and physical harm. both are crimes and both are governed by statutes. Self-defense plays a role in both assault and battery and intentional torts. The difference between assault and battery is that they have different charges, assault has a felony charge and battery has a misdemeanor charge. Between the two there is also the existence and non-existence of contact. What differentiates them is that direct battery involves physical contact with the victim's body being harmed by the defendant. Battery has three elements: conduct, mental state and harm done. The conduct would be a case of assault which includes the physical act performed by the accused. Next comes the mental state charge if the person acts with eight intent or injury or simply criminal negligence and finally there is harm which is any type of physical harm done to the victim which injures them. When it comes to the accused it can give rise to criminal liability. Having an exposure is the element of the battery. Assault is when a person is charged with a crime for threatening a person or frightening the defendant. The Rush is a created action that predicts imminent damage or offensive contact. A Direct Assault has no physical contact but would be difficult to prove because it relies more on words than actions without evidence of physical contact. Good examples of Assault and Battery are Throwing a knife at a person and hitting them is considered battery and assault is when the knife is thrown hitting them and misses the target