Assault and Battery- What is the difference?

If you have been arrested for assault and battery, or either offense, you are obviously concerned about the meaning. The definitions may surprise you.

Assault, which is quite different from battery is the threatening of a victim, generally verbal. Although assault does not include the actual touching of the victim, the victim believes that he/she is being threatened and in danger of being harmed.

Battery, is the actual harming of the individual, either physical or verbal.
Although some states have replaced the word “battery” with the word “assault”, most states have kept them as two different crimes/charges.

Another Explanation:
Assault – To place another in APPREHENSION of an offensive and imminent bodily contact (a battery). NOTE this is not fear. Therefore, if a 100 pound weakling cocks his fist menacingly at a 300 pound professional bodybuilder, said bodybuilder would not be fearful, but can apprehend that the weakling may hit him, resulting in a battery.

Battery – An intentional harmful or offensive contact with a person or an object intimately connected to said person. Basically, any intentional body to body contact meant to be harmful and/or offensive is a battery. No injury needs to occur necessarily (but with no injury, damages will be low). Also, I could swipe an object out of your hand in anger. That too would be a battery.

If have been arrested for assault and battery or some kind of domestic dispute, consider having a consultation with Alex Truluck.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area. For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

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