A lot of people believe that assault and battery are one crime. You’ve probably heard both words uttered in the same breath. However, assault and battery are distinct and separate terms and each may occur independently.

Assault
In the legal context, assault relates to a person’s fear of being harmed rather than actual physical contact. An assault generally consists of two factors:

• Someone intends to hit or harm, or puts another in fear of being harmed
• The aggressor has the ability to follow through on the threat or show of force

Battery
Battery, on the other hand, involves the actual harming of someone. For a battery to occur, there must be:

• An intentional or unlawful use of force on another person
• Some contact (although the definition of contact will vary from state to state)

The most common example of battery is deliberately making unwanted contact with another person. Examples are punching or shooting someone, throwing something at the person, and even blowing smoke in his/her face.

Degrees of Severity
Assault or battery can be a felony or a misdemeanor, depending on the situation and severity of the injury. Additionally, other factors can add to the severity of the crime, which can elevate it to either aggravated assault or aggravated battery.

For example, using a gun or knife while committing an assault or battery may cause the punishment to be more severe.