What are the differences between assault and battery? I understand assault can be either verbal or physical, whereas battery is always physical.
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supersizeme
ANSWERS: 2
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The specific definition will vary by state. For example, in some states “assault and battery” is one statute. However, the general answer which is true in most states is that “assault” is an imminent threat of harm, and “battery” is a harmful or offensive conduct. For example, if I walk up to you and kiss you without your consent, this is battery even though I did not actually harm you. All that is required is an offensive conduct. Of course, if I punch you, that is also battery because it is both harmful and offensive. Battery can also occur if I cause something to hit you. For example, if I throw a ball at you and it hits you in the face, this is still battery. If there is no physical conduct then I did not commit battery, but I could have committed assault. For example, if I point a gun at you and say “give me all your money or else”, I just committed assault. This was an imminent threat of bodily harm. However, if I say give me all your money or else I am going to go home, get my gun, and shoot you, this is not assault because the threat is not imminent.
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Assault normally is just verbal. Battery is physical contact between two humans. Assault and battery is both.
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