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Difference between Assault and Battery

Difference between Assault and Battery

If you are confused between two charges against violence “assault and battery”, you are at the correct place to explore in detail about these and find the difference between the two.

Assault and battery are two criminal charges that can be put against a guilty person. Assault is the charge which is against a threat of violence and battery is the charge against physical violence. Both charges are sometimes leveled simultaneously against a person and sometimes separately.

It is important to get detailed knowledge before differentiating them both.

Assault

Assault is a charge against violence. This is a very common term used in criminology.  It can also refer to threats or threatening behavior. A person who is charged by assault has not committed physical harm to the victim. Assault is very difficult to prove as there is no evidence of physical harm.

There could be different forms of assault like waving a weapon, pointing a gun at any person, verbally threatening a person of committing physical harm in future or pointing some pointed object towards any person etc.

Battery

A battery is also a charge against violence but is an extreme stage of assault. It is a physical violence contact between two or more person in which a person may harm someone physically. This injury could be of any type, that could occur because of criminal’s physical contact with a victim like beating, use of any dangerous thing that could cause cutting of skin, use of a weapon that could cause severe injury etc.

The punishment of battery is different in different countries; however, the type of punishment depends upon the intensity of injury. It is comparatively easy to prove the crime as there is evidence of physical harm.

Let’s see the difference between assault and battery which will clear all your remaining doubts.

Nature of crime

Assault is the charge which is against a threat of violence and battery is the charge against physical violence.

Punishment

The severity of harm caused decides the charge of an assault and battery case.

Purpose

Purpose of assault is to threaten anyone which results in making the other person fear for their safety and life whereas battery is the actual physical damage which is caused to one person by another person.

Evidence

There is no evidence of assault as there is no physical harm while the battery can be proved easily as there is physical evidence.