Assault vs. Battery — What's the Difference?
By Urooj Arif & Maham Liaqat — Updated on May 13, 2024
Assault involves threatening another with imminent harm, while battery entails actual physical contact or harm.
Difference Between Assault and Battery
Table of Contents
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Key Differences
Assault is a legal term that refers to the act of intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Whereas, battery is the completion of that threat through physical contact or injury. An individual can commit an assault without a battery when they make a credible threat but do not follow through with contact.
In cases of assault, the key element is the fear or anticipation of harm that the victim experiences, regardless of whether physical contact eventually occurs. On the other hand, battery requires actual physical contact, which can range from a light touch in an offensive manner to severe impacts causing significant injury.
Legal definitions of assault can vary, often depending on jurisdiction, but generally do not require physical contact; it is enough that the perpetrator’s actions or words instill a fear of imminent harm. Whereas battery always involves physical interaction, whether harmful or merely offensive, making it distinct in requiring more than mere words or gestures.
Assault charges can stem from situations where a person acts in a way that makes others fear for their safety, even if the threatened harm never materializes. Meanwhile, battery charges are filed when the threatened action is carried out, leading to unauthorized physical contact with another person.
In many legal systems, assault and battery are often charged together when an incident escalates from a threat to actual physical harm. However, it's important to recognize that one can be charged with assault without committing battery, reflecting the act's potential rather than its realization.
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Comparison Chart
Definition
Threat of harm causing fear
Actual physical contact or harm
Requirement
Intention to cause apprehension
Intention and completion of contact
Physical Contact
Not necessary
Necessary
Legal Charge
Can exist without battery
Often accompanies assault
Example of Act
Raising a fist without striking
Striking someone
Compare with Definitions
Assault
Intentionally scaring someone with the threat of immediate injury.
Alice committed assault by threatening to throw a rock.
Battery
Making unwanted physical contact with someone.
Slapping a person’s face is considered battery.
Assault
An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both.
Battery
Hitting another person, regardless of injury.
Punching someone in the arm qualifies as battery.
Assault
A concerted attempt to do something demanding
A winter assault on Mt Everest
Battery
Causing bodily harm to another person.
Breaking someone's nose in a fight is battery.
Assault
A violent physical attack, as with blows.
Battery
Legal action for making actual physical contact.
Battery charges were upheld after Mike punched Nick.
Assault
A strong or cutting verbal attack.
Battery
(Electricity) A device containing an electric cell or a series of electric cells storing chemical energy that can be converted into electrical energy, usually in the form of direct current.
Assault
A military attack, such as one launched against a fortified area or place.
Battery
A device that stores mechanical or other energy for later use.
Assault
The concluding stage of an attack in which close combat occurs with the enemy.
Battery
The act of beating or pounding.
Assault
An unlawful threat or attempt to do bodily injury to another.
Battery
(Law) The unlawful and unwanted touching or striking of one person by another, with the intention of bringing about a harmful or offensive contact.
Assault
Sexual assault.
Battery
An emplacement for one or more pieces of artillery.
Assault
The crime of rape.
Battery
A set of guns or other heavy artillery, as on a warship.
Assault
A rigorous or energetic effort to accomplish something difficult
An assault on the mountain's summit.
An assault on poverty.
Battery
An army artillery unit, corresponding to a company in the infantry.
Assault
To make a violent assault upon; attack.
Battery
An array of similar things intended for use together
Took a battery of achievement tests.
Assault
To rape.
Battery
An impressive body or group
A battery of political supporters.
Assault
To attack verbally; criticize or denounce.
Battery
(Baseball) A pitcher and catcher considered as a unit.
Assault
To harass or beset
Assaulted by advertisements.
Battery
(Music) The percussion section of an orchestra.
Assault
To make an assault.
Battery
A device used to power electric devices, consisting of a set of electrically connected electrochemical or, archaically, electrostatic cells. A single such cell when used by itself.
Assault
A violent onset or attack with physical means, for example blows, weapons, etc.
The army made an assault on the enemy.
Battery
(legal) The infliction of unlawful physical violence on a person, legally distinguished from assault, which includes the threat of impending violence.
Assault
A violent verbal attack, for example with insults, criticism, and the like
She launched a written assault on the opposition party
Battery
(countable) A coordinated group of artillery weapons.
Assault
An attempt to commit battery: a violent attempt, or willful effort with force or violence, to do hurt to another, but without necessarily touching the person, such as by raising a fist in a threatening manner, or by striking at the person and missing.
Battery
An elevated platform on which cannon could be placed.
Assault
The crime whose action is such an attempt.
Battery
An array of similar things.
Schoolchildren take a battery of standard tests to measure their progress.
Assault
An act that causes someone to apprehend imminent bodily harm (such as brandishing a weapon).
Battery
A set of small cages where hens are kept for the purpose of farming their eggs.
Assault
The tort whose action is such an act.
Battery
(baseball) The catcher and the pitcher together
Assault
(fencing) A non-competitive combat between two fencers.
Battery
(chess) Two or more major pieces on the same rank, file, or diagonal
Assault
(transitive) To attack, physically or figuratively; to assail.
Tom was accused of assaulting another man outside a nightclub.
Loud music assaulted our ears as we entered the building.
Battery
(music) A marching percussion ensemble; a drumline.
Assault
(transitive) To threaten or harass. en
Battery
The state of a firearm when it is possible to be fired.
Assault
A violent onset or attack with physical means, as blows, weapons, etc.; an onslaught; the rush or charge of an attacking force; onset; as, to make assault upon a man, a house, or a town.
The Spanish general prepared to renew the assault.
Unshaken bears the assaultOf their most dreaded foe, the strong southwest.
Battery
(archaic) Apparatus for preparing or serving meals.
Assault
A violent onset or attack with moral weapons, as words, arguments, appeals, and the like; as, to make an assault on the prerogatives of a prince, or on the constitution of a government.
Battery
The act of battering or beating.
Assault
An apparently violent attempt, or willful offer with force or violence, to do hurt to another; an attempt or offer to beat another, accompanied by a degree of violence, but without touching his person, as by lifting the fist, or a cane, in a threatening manner, or by striking at him, and missing him. If the blow aimed takes effect, it is a battery.
Practically, however, the word assault is used to include the battery.
Battery
The unlawful beating of another. It includes every willful, angry and violent, or negligent touching of another's person or clothes, or anything attached to his person or held by him.
Assault
To make an assault upon, as by a sudden rush of armed men; to attack with unlawful or insulting physical violence or menaces.
Insnared, assaulted, overcome, led bound.
Battery
Any place where cannon or mortars are mounted, for attack or defense.
Assault
To attack with moral means, or with a view of producing moral effects; to attack by words, arguments, or unfriendly measures; to assail; as, to assault a reputation or an administration.
Before the gates, the cries of babes newborn, . . . Assault his ears.
Battery
A number of coated jars (Leyden jars) so connected that they may be charged and discharged simultaneously.
Assault
Close fighting during the culmination of a military attack
Battery
A number of similar machines or devices in position; an apparatus consisting of a set of similar parts; as, a battery of boilers, of retorts, condensers, etc.
Assault
A threatened or attempted physical attack by someone who appears to be able to cause bodily harm if not stopped
Battery
A series of stamps operated by one motive power, for crushing ores containing the precious metals.
Assault
Thoroughbred that won the triple crown in 1946
Battery
The box in which the stamps for crushing ore play up and down.
Assault
Attack someone physically or emotionally;
The mugger assaulted the woman
Nightmares assailed him regularly
Battery
The pitcher and catcher together.
Assault
Attack in speech or writing;
The editors of the left-leaning paper attacked the new House Speaker
Battery
Group of guns or missile launchers operated together at one place
Assault
Threatening someone with physical harm.
John was charged with assault after threatening to hit his neighbor.
Battery
A device that produces electricity; may have several primary or secondary cells arranged in parallel or series
Assault
Attempting to strike someone but missing .
Swinging a punch and missing can still be considered assault.
Battery
A collection of related things intended for use together;
Took a battery of achievement tests
Assault
Causing someone to fear imminent harm.
Waving a weapon in a threatening manner constitutes assault.
Battery
A unit composed of the pitcher and catcher
Assault
Legal action for causing fear of physical harm.
Assault charges were filed when Bob threatened Carl with a bat.
Battery
A series of stamps operated in one mortar for crushing ores
Battery
The heavy fire of artillery to saturate an area rather than hit a specific target;
They laid down a barrage in front of the advancing troops
The shelling went on for hours without pausing
Battery
An assault in which the assailant makes physical contact
Battery
Offensive touching of another, even if not violent.
Unwanted touching, even if gentle, can be battery.
Common Curiosities
Can someone commit assault without committing battery?
Yes, if they only threaten harm without making physical contact, it is assault without battery.
What are common legal consequences for assault?
Consequences can include fines, restraining orders, or jail time, depending on the severity and jurisdiction.
Is touching someone always considered battery?
Yes, if the touch is offensive or unwanted, it is considered battery, regardless of the force used.
Can words alone constitute an assault?
Yes, if they credibly threaten immediate harm, they can be considered an assault.
Are assault and battery always criminal charges?
They can be criminal or civil charges, depending on the circumstances and the harm caused.
Does battery require the intent to harm?
No, battery requires intent to make contact, not necessarily intent to harm.
What does "fear of imminent harm" mean in the context of assault?
It refers to the victim’s reasonable belief that they are about to suffer physical harm.
What is the main difference between assault and battery?
Assault involves creating a threat or fear of harm, while battery involves actual physical contact or harm.
Can battery occur without the victim being aware at the time?
Yes, if the contact is offensive and unauthorized, it can be battery even if the victim is unaware during the contact.
Can self-defense justify committing assault or battery?
Yes, if it is necessary and proportional to the threat faced.
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Written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
Co-written by
Maham Liaqat
