Assault and Battery

Most people have heard of the crime "assault and battery." Actually, assault and battery is two separate offenses: an assault (the threat to strike) and a battery (the actual strike).

A battery is the intentional offensive touching of another person. It may be a punch to the chest or simply pointing a finger that touches the chest, but it must be intentional. Accidentally bumping into someone on the street is not intentional. A battery must be offensive; an attention getting tap on the shoulder is not offensive. Any touching, however minor, is a battery under the law if it is intentional and offensive.

Whereas a battery requires an actual touching, an assault only requires the threat of the offensive touching of another person. It is not illegal to raise one's arm with the hand in a fist. However, if the act is preceded by circumstances that would cause another person to believe reasonably that he/she is in danger of being injured, then an assault has been committed. As long as there is an overt act and the victim believes attack is imminent, then assault is committed, even if someone prevents the assailant from attacking or the assailant decides not to attack. For example:

Assume that I verbally threatened to cut you with a knife and I reach into my pocket just as I step toward you. Although you cannot readily determine if I have a knife you are legally permitted to defend yourself on the assumption that I do have a knife, since my actions would convince any reasonable person that I have a knife and I intend to commit bodily injury. Even if I am bluffing, you have acted justifiably if you defend yourself.

The state may charge a person with either an assault or a battery. However, since an assault must logically precede a battery, many states call a battery an "assault and battery."

Just as in the old children's saying, "Sticks and stones may break my bones, but words will never hurt me," mere words, no matter how offensive, usually do not constitute an attack to which you may physically defend yourself. A few states do permit defense against offensive words if they are used against a woman.

The law classifies assault and battery offenses as either misdemeanors or felonies. Misdemeanor offenses, such as a fistfight, are minor crimes for which the maximum punishment is one year in jail. Felony offenses, such as assault with a deadly weapon, are serious crimes for which the maximum punishment is one or more years in prison. Felonious assault and batteries are usually committed in during the commission of another serious crime, with the use of a dangerous weapon, by several perpetrators, or with the intent to cause serious bodily injury.

Since the courts are overrun with serious criminal cases, in simple assault and batteries where there is no serious injury, unless the victim signs a complaint and vigorously pursues a criminal prosecution, most district attorneys will decline to prosecute the cases. If one wishes to seek a legal remedy to a simple assault and battery, the best avenue is usually to sue in the civil law courts.

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