understanding assault vs battery

The crimes of assault and battery all involve intentional injury inflicted on one person by another. However, there are a few distinct differences that separate these types of crimes. Keep reading to learn more about what defines assault and battery and what a federal criminal defense attorney can help you with if you are accused of either.

If you need legal representation involving a criminal assault or battery charge, contact LibertyBell Law Group today to speak with a federal criminal defense attorney about what options you may have.

What Are the Legal Definitions of Assault vs. Battery?

The terms assault and battery are quite often confused with one another. In understanding the difference between assault and battery, it will become clear that they’re different acts and not synonymous with one another. Additionally, while they are not always committed together, they may be committed separately, and you can be both civilly sued and charged with committing assault or battery.

Criminal Assault

Criminal assault is defined under state law and is typically the lower of these two charges. Assault usually involves threatening another individual with an act of violence with the physical capability to follow through with a particular threat. This charge does not rely on whether the perpetrator followed through with the threat, however, as the crime itself is prefaced about the threat itself.

Committing criminal assault may lead to misdemeanor or felony charges, depending on the circumstances, as well as state laws. Felony assault charges are more likely to arise if the victim is threatened with a deadly weapon, or if an aggravated assault occurs. A felony conviction may lead to a lengthy term of imprisonment, as well as massive fines.

Criminal Battery

While assault does not depend on whether the victim suffered any physical harm, criminal battery, however, does. Criminal battery occurs when the threat of physical harm is carried through by the perpetrator. Battery can result in another individual being touched, groped, or hurt in an undesirable manner.

Criminal battery is more severe than assault as it pertains to the actual infliction of injury of a victim. In most states, the act of criminal battery does not need to be intense enough that it leaves a mark, as sexual abuse typically qualifies as battery.


Get Help From Experienced Legal Representation

Criminal assault and battery charges are very serious, and a conviction of either of these crimes can severely impact your life. You could not only face a lengthy prison sentence, but you could also carry the lifetime stigma of being a convicted felon. Additionally, a conviction of assault or battery may also result in loss of employment, as well as individual rights such as the right to own firearms and vote.

If you have been arrested or charged with the crime assault or battery, it’s critical that you consult with an experienced federal crime defense attorney. A knowledgeable attorney will have the ability to thoroughly explain the law in your state and jurisdiction and advise you of your options moving forward. 

If you need professional and experienced representation to help you fight a criminal assault or battery charge, contact the federal criminal defense attorneys of LibertyBell Law Group today to schedule a free consultation.

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