What is the difference between battery and assault?

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  • RICK
    Lv 7
    5 months ago

    if I swing a baseball  bat at your head and miss its assault,  if i connect  its battery

  • 5 months ago

    In MANY jurisdictions, 'assault and battery' is legally a single term.

    By the traditional definitions, assault was the threat of force and battery was the actual force. Under those definitions, If I raised my fist and said I would punch you, it would be assault. If I actually threw a punch, it would be battery.

  • Anonymous
    5 months ago

    Battery is just physical harm or injury, while assault is when somebody is put in harm’s way.

    Source(s): Reality.
  • Bruce
    Lv 7
    5 months ago

    Legal definitions can vary, but as a general rule, assault is putting someone in fear of being hurt and battery is the actual harm. Clenching your fist and raising it could be considered assault. If you actually hit them, that is battery. 

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  • Anonymous
    5 months ago

    This is very State specific.   IN GENERAL, assault is the situation which puts someone in harm and battery is the actual harm.

  • Anonymous
    5 months ago

    Although some people use assault like battery as hitting someone, and I cannot look up every jurisdiction (location) of law, I will use my state, Nevada.

     (a) “Assault” means:

    (1) Unlawfully attempting to use physical force against another person; or 

    (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

    [You do not have to physically contact someone to assault them. The attempt is enough. Putting them in a position to hurt is enough.]

    We also have sexual assault instead of "rape", though penalties are just as harsh.

    Battery, in Nevada,

    (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

    With battery, they then consider the circumstances. Use of a firearm, in connection with another crime, level of hurt and results of the force, number of prior convictions, whether it is from the same household, who is hit such as law enforcement or a health care worker, and more.

    We do also have Provoking an assault.

    NRS 200.490  Provoking assault: Penalty.  Every person who shall, by word, sign or gesture, willfully provoke, or attempt to provoke, another person to commit an assault shall be punished by a fine of not more than $500.

    If a person dares someone to hit them and the other guy takes a swing at him, both can be arrested.

    Battery includes assault, but assault can be without battery.

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