Assault and Battery: What’s the Difference?

Violent crime is a pressing problem in America. In 2021, the violent crime rate stood at 395.7 cases per 100,000 people. While the crime rate has decreased since the 1990s, the United States has the second-highest number of incarcerated individuals worldwide. Any crime involving a physical attack –  including the threat of an attack – is usually classed as assault, battery, or both. These terms, though used interchangeably, refer to separate but related charges. Because the law treats crimes differently, it’s crucial to know the differences between assault and battery to understand how they are prosecuted.

What is Assault?

Assault is defined as any intentional act that causes another person to fear an attack or incur imminent harm. Don’t forget that even inciting fear can be considered assault. You do not actually have to put your hands on someone for it to be assault. A few examples of assault charges without physical content are:

• A man walks up to a diner with a gun and then walks away without firing any shots.
• A drunk person threatens to hit another patron at a bar.
• An ex-spouse verbally terrorizes their partner over custody arrangements.

In these kinds of cases, for a successful assault charge, the prosecution must prove:

• The victim had reasonable cause to believe the accused’s conduct was harmful.
• The accused intended to inflict immediate violence on the victim.

For cases where the assault includes someone being physically attacked, the prosecution must prove that it wasn’t in self-defense, defense of property, or in defense of another.

Types of Assault Charges

There are six general types of assault charges, including:

• Simple assault, where you threaten or attempt to injure someone.
• Aggravated assault, done with intent to commit a serious crime, resulting in serious bodily harm.
• Assault with a deadly weapon, where you try to harm someone with a dangerous object.
• Sexual assault, where the physical attack was of a sexual nature, such as molestation and forced penetration.
• Vehicular assault, where you used a vehicle as a weapon.
• Felony assault, where you committed or attempted to commit serious bodily harm, which had the chance of being fatal.

What is Battery?

Unlike assault, battery occurs when there is illegal contact between the victim and the perpetrator. It’s crucial to remember that simple battery charges don’t require the victim to suffer injuries or bodily harm. The prosecution must only prove the contact. That said, if the victim is hurt and the perpetrator intended to cause physical harm, the case can call for an aggravated battery charge. Examples of battery would be slapping someone or forcibly stealing something off someone’s person.

Types of Battery Charges

There are several types of battery charges, such as:

• Simple battery: Any unauthorized contact or use of force against an individual, resulting in offensive touching or injury.
• Aggravated battery: Violent acts resulting in severe injury, usually intentional.
• Medical battery: Unauthorized touching or handling of a patient’s body by a healthcare professional.

What Are the Potential Penalties for Assault and Battery Charges in Pennsylvania?

It’ll likely surprise no one that assault is criminalized by the federal and state governments. Assault charges are categorized as felonies or misdemeanors based on their seriousness. In Pennsylvania, most cases of simple assault are misdemeanors. However, this doesn’t mean the assault charges aren’t of consequence. A few ways to categorize simple assault cases are as follows.

• Third-degree misdemeanor: The accused can spend up to a year in jail and pay up to $2,500 in fines.
• Second-degree misdemeanor: The accused can spend up to two years in jail and spend up to $5,000 in fines.
• First-degree misdemeanor: The accused can spend up to five years in jail and pay up to $10,000 in fines.

Note that the penalties for aggravated assaults are different because they are seen as felonies. A first-degree aggravated assault charge carries a sentence of up to ten years in jail and a $25,000 fine. Sexual assault is tried under a separate category. Pennsylvania does not have a specific charge for battery. Instead, the state defines it as ‘aggravated assault’.

Differences Between Assault and Battery

The primary difference between assault and battery is this: an assault refers to a threat of harm, whereas battery involves actual violence. A person can only face battery charges if they inflict physical harm on someone. On the other hand, the mere indication or intent of harm can put the accused behind bars on assault charges. Furthermore, it’s possible to have an assault without a battery charge. For example, a person might intimidate someone verbally without acting on their threats. However, it’s virtually impossible to have battery without assault.

Defenses an Assault and Battery Lawyer Can Use

What defenses can you use to fight assault and battery charges? Sometimes, the accused may be acting in:

• Self-Defense: If you and/or your property are attacked, you can use reasonable force to defend yourself.
• Consent: You cannot be accused of assault or battery if the victim consented to the force used against them. A common example would be partaking in contact sports, like rugby.

Under these circumstances, you will require legal counsel to present your case, protect your rights, and seek the best possible outcome for your case. An assault and battery lawyer will help you assert any available defense to the charges brought against you and guide you through the entire criminal process.

Contact Our Seasoned Assault and Battery Lawyers Today

Assault and battery charges are serious. With potential jail time and hefty fines on the cards, you don’t want to play fast and loose with your defense. The best action is to contact a seasoned assault and battery lawyer who’ll know how to get you out of your situation as smoothly as possible. Are you or a loved one facing assault and battery charges in Pennsylvania? The legal team at Lermitte & Lubin can come to your aid. We’re experienced, skilled, and adept at protecting our clients against violent criminal charges. Schedule a consultation with us today.