Assault vs. Battery – What’s the Difference?

Assault and battery are two different types of crimes that can occur between people. They are both considered criminal offenses but they are not always treated the same way. In this article, we discuss the difference between assault and battery.

Main Difference

An assault is a person’s intentional use of physical force. It is also a legal term of art that refers to the commission of a crime. If one person uses physical force against another, and the other person does not suffer serious injury, the action will be considered an assault.

What is Assault?

Assault is defined as any intentional act that places another person in fear of imminent bodily injury. This can include threats of violence, offensive touching, and even spitting at someone. It is considered a misdemeanor under California law.

Types Of Assault

Assault is the act of physically touching another person without their consent. Assault can take many forms, including but not limited to rape, groping, and unwanted physical contact. While most people think of sexual assault when they think of assault, sexual assault is only one form of assault.

The other forms of assault include: – Assault with a deadly weapon – Assault causing serious bodily injury – Assault against a pregnant woman or a woman who is breast-feeding – Assault against a woman who is physically helpless This list is not exhaustive, and there are many other types of assault that don’t fit into the other categories.

1. Verbal Assault

Verbal assault is defined as any threat that is communicated through words. Besides, Verbal assaults can include threats, insults, name-calling, and other forms of intimidation. Verbal assault can take place in person, over the phone, or online.

2. Simple Assault

Simple assault is defined as any physical contact that causes bodily injury. Furthermore, Simple assault includes pushing, shoving, slapping, punching, kicking, biting, hair pulling, spitting, and pinching.

3. Aggravated Assault

Aggravated assault is defined as an act of force used against someone who does not have the ability to defend themselves. Moreover, Aggravated assault includes choking, head-butting, eye-gouging, and shooting.

What is Battery?

The battery is defined as any unlawful use of force against a person. This includes pushing, slapping, punching, kicking, biting, hair pulling, hitting with objects, etc. In addition, the battery can occur if a person uses deadly force against another person. It is considered a felony under California law.

The legal definition of battery requires a willful and unlawful use of physical force or violence against another individual. This includes pushing, shoving, slapping, punching, kicking, tripping, biting, hair pulling, choking, head butting, etc. A battery does not require that the victim suffer any injury or harm. Any type of unwanted touch could constitute a battery.

Key Differences Between Assault And Battery

  • In the United States, the legal definition of assault and battery dates back to the mid-nineteenth century.
  • The evolution of laws governing battery has continued since then, as state and federal laws increasingly prohibit battery in various forms.
  • Assault and battery are both criminal offenses. assault is usually a behavioral one and is characterized by unwanted physical contact and its mental and emotional effects.
  • The battery is a legal term that encompasses the intentional use of physical force against another person, whether or not it results in injury.
  • Assault and battery are two different types of crimes that can occur between people. They both have their own set of penalties and punishments.
  • One crime involves physical contact while the other does not. In this article, we discuss what assault and battery actually mean and how they differ.
  • When we say assault and battery, we are referring to criminal offenses committed against someone else without consent.
  • In the state of California, assault is defined as a violent act that is premeditated and intentional.
  • If you commit an assault you could face jail time and fines. Many states define assault as hitting someone or causing bodily injury.


An assault occurs when a person intentionally causes another person to fear imminent serious bodily injury. An assault may occur even if the victim did not believe he/she was in danger of being seriously injured. If a person commits an act that places another person in reasonable apprehension of immediate bodily harm, then this constitutes an assault.  Battery is when a person uses force or violence against another person. This includes pushing, grabbing, slapping, punching, kicking, biting, hair pulling, etc. This type of crime usually results in arrest and prosecution.