It is possible that you might have heard of the term assault and battery. The question is, do you know the difference between the two? Between these two terms, many are not entirely aware of what the difference is. They have only ever heard the words put together.
It’s always good to be informed and gain extra knowledge. And learning the difference between assault and battery is a great place to start. Many might not know, but someone can’t be changed with an assault and battery; they can only be charged with either or. There is a distinct difference between the both of them, and we’ll tell you more about those differences below.
What does the Law Say?
What is the Difference Between Assault and Battery?
In criminal law, crimes are divided into two aspects. The first is an offense against property, and this includes theft, disorderly conduct, arson, burglary, and more. Secondly, there is an offense against a person, and this includes kidnapping, homicide, sexual misconduct, and bodily harm.
Both assault and battery deal is in offense against a person. In addition to that, they both fall under the bodily harm section. This is now where we get to dive into their differences.
What is Considered An Assault?
In the case of an assault, the person being charged did an action that may have been harmful to the other person. The action can be as simple as pointing a finger at someone’s chest to get their reaction. This is an indication that they might want to inflict harm on the other person, if though they haven’t yet.
In addition to this, it is also considered as posing a threat, whether it’s real or implied, that they want to harm another person. All threats are taken seriously whether they are carried out or not. And that is what qualifies the action as an assault.
You can go a little deeper and talk about aggravated assault. In this case, there is a list of factors that are involved. If there is a firearm involved, the individual is masked, the assault is taking place at a certain location, or if the threat is against a specific person, then it’s aggravated assault.
What is Considered A Battery?
In the case of a battery, the charged individual had actually to commit bodily harm to another person. Essentially, there needed to be physical contact with another person in order for it to be considered battery.
In addition to that, the motive for the behavior needs to be considered. If the motive is intentional, the act is qualified to be a battery. If the action was in self-defense, then it can’t be considered a battery charge. With that being said, in this situation, the motive is extremely important.
You can also take this a little further and talk about aggravated battery. With this, great bodily harm is involved. So, if someone is hospitalized, then you can consider that as aggravated battery. And it is important to recognize that all aggravated batteries are felonies.
Now you’re able to tell the difference between an assault and battery. If you or someone you know has an assault or battery charge and is in jail, call us at ASAP Bail Bonds. We have a team of bail bond agents ready to bail you or your loved one out of jail ASAP.