Are you aware of the difference between assault and battery according to the torts law? If not then this article is for you, where I will explain important points about assault vs battery in detail. You will come to know about the meaning, example, and important aspects of assault and battery. So read this article without skipping any information about the difference between assault and battery.
What Is The Difference Between Assault And Battery?
The major difference between assault and battery is the type of tort and why it is being committed. However, even though both battery and assault are included in the tort law but both have many other differences such as in purpose, act, etc. So before moving to actual differences let us understand what is assault and battery tort individually.
What Is Assault?
An assault is the type of wrong thing done to scare a person or persons by showing a threat.
In it, there are no physical interactions with the other person but still, an act is committed that makes the other person afraid mentally.
What Is Battery?
The battery is the type of tort which includes a physical interaction between the one who commits the wrong to the other using an external force. Other persons may get harmed, injured, etc in the battery act which can be both physical and mental.
Difference Between Assault And Battery
Below I have described the difference between assault and battery in detail. Let’s read it.
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Definition
Here I have described what is the difference between assault and battery definition, where you will understand its meaning.
Assault
Assault is defined as the act of tort in which a person commits a wrong thing by threatening another person or persons by showing the threat of killing or beating.
Battery
The battery is a type of tort crime in which a person uses a force to physically affect the other person. It can be committed by different means such as pushing, throwing, swinging, etc on the other person unknowingly.
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Contact
What type of contact is involved with the difference between assault and battery in nursing kids or toddlers let us see below.
Assault
In assault, there is no physical contact between the persons. However, the threat is still created by the accused person who might hold the weapons.
Battery
In the battery tort, there is physical contact created by the accused on the other who suffered the threat.
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Force
Force is one of the points in the difference between battery and assault to understand the torts law easily.
Assault
There is no physical force applied in the assault, however, the suffering person is made to lower down by showing a weapon or act to be scared.
Battery
The battery involves the external or physical force to lower the other person. It may or may not involve the weapon affecting the other person physically.
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Weapons
Let us see what kind of weapons make a difference between assault and battery examples in the following.
Assault
Weapons used in the assault can be fake toy guns, sticks, original metal guns, chairs, etc any object that can be used to threaten the other person. The person is not harmed physically are just fear is created in the other mind by raising or pointing the weapon at another person.
Battery
In the battery act, there may or may not be any weapon, to harm the other person. In this, the physical interaction is made by force with the other person to injure, harm, or threat.
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Example
There are some examples given in below to understand the torts law about the difference between assault and aggravated assault or battery more easily.
Assault
Here are some examples of assault.
- The action of throwing an object at someone to create fear in another’s mind.
- Pointing a weapon at other people.
- Raised a hand at the kid to scare them.
- Act of hitting a person but not hitting actually.
Battery
Here are some examples of battery tort.
- Hitting someone with a stone.
- Pushing another person forcefully to fall.
- Slapping a person without any intention.
- Touching someone inappropriately.
Let us see what are the fines and penalties for the assault and battery definition law example of torts further.
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Fines And Charges
There are some differences between assault and battery fines and charges as follows.
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Assault
The fines and penalties can vary as per the country however, a minimum fine of upto $5000. It may also include imprisonment for around 1 year.
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Battery
Fine and charges for battery tort can depend upon the severity of the act, there may be imprisonment for around 20 years or more and a penalty or fine of about $100,000 for the crime.
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FAQ
Is Battery Better Than Assault?
The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.
How Assault Is Different From Battery?
assault and battery, related but distinct crimes, battery being the unlawful application of physical force to another and assault being an attempt to commit battery or an act that causes another reasonably to fear an imminent battery.
What Is The Difference Between An Assault And A Battery Give Examples For Each?
An example of battery includes hitting or punching someone forcibly to cause them pain. While an assault charge could include accusations such as: Swinging at someone and missing. Throwing an object at someone.
What Is Considered Assault?
Assault is often defined as any intentional act that causes another person to fear an attack or imminent physical harm. This definition recognizes that placing another person in fear of bodily harm is itself an act deserving of punishment, even if the victim of the assault is not physically harmed.
What Is Charge Of Battery?
The term battery refers to a specific type of criminal charge involving the unauthorized application of force against another person’s body. This unauthorized application of force results in offensive touching, or actual physical injury.
What Are The 3 Elements Of Assault?
The prima facie case for assault has three components:
- The defendant acts.
- The defendant intends to cause the victim to apprehend imminent harmful or offensive contact by the defendant.
- The defendant’s act causes the victim to reasonably apprehend such a contact.
Why Is Battery Called Battery Assault?
The state of California defines battery as “any willful and unlawful use of force or violence upon the person of another.” Essentially, assault is attempted violence; battery is the violence itself. Often, assault and battery are charged together when a defendant attempts to injure someone and succeeds.
Conclusion
You understood the difference between assault and battery in detail after reading this article. Now you do not have any query about what is battery and assault differences. I explained the battery and assault tort meaning, examples, fines and charges, and many more. You are now aware of the crime difference between assault and battery which you can share with anyone.
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What is the difference between common assault and battery
What is the difference between assault and battery?