In most jurisdictions, no. Simple assault is often listed as a separate offense from battery. Assault is usually defined as a failed attempt at a battery or as placing a victim in fear of an immediate battery. It may also be defined as the intentional creation of a reasonable apprehension of bodily harm.
This means that the defendant intended to make the victim perceive that an immediate bodily harm was going to be inflicted upon them. For example, if a defendant holds a deadly weapon and points it at the victim in such a manner that causes the victim to believe they are about to be harmed.
The victim’s apprehension of the impending harm that creates a sense of immediate danger is one of the key elements of assault. The apprehension of an event that will occur at a later date or time is not an assault.
A common definition of battery is the application of an offensive touching or force perpetrated on the victim without their consent. That force may or may not have caused injury to the victim. It is important to note that any physical contact does not have to be intentional.
Both assault and battery are offenses that are prohibited by criminal law. The criminal law definition of assault is the act of intentionally placing another person in reasonable apprehension of imminent bodily harm or offensive contact.
What is considered assault may vary by jurisdiction. Examples of assault may include:
- Attempting to spit on another person;
- An individual pretending to hit, punch, or kick another individual;
- Brandishing a weapon in such a way that suggests the individual will be hit with that object; and
- Pointing a gun at another person, regardless of whether or not it is loaded.
Many jurisdictions treat assault and battery as totally separate offenses. Battery is the unlawful application of force to another person that results in bodily injury or offensive contact.
One of the main differences between the two offenses is the contact or lack thereof. A battery involves actual physical contact, whereas an assault may not involve actual contact but causes the victim to perceive they are in danger of imminent harm, even if no physical harm occurs.
For example, suppose an individual throws a baseball at another individual with only the intent of scaring them. If the baseball hit the individual in the face, the person who threw it could face criminal battery charges.
Assault and battery are both taken very seriously by the criminal justice system. If an individual is convicted of one of these offenses, they may be sentenced to jail or prison or be required to pay criminal fines.
Although assault and battery are separate offenses in many jurisdictions, some have merged the two into one offense, bringing about the well-known phrase, assault and battery. In addition, some states will consider aggravating circumstances for both the charging and sentencing of these offenses to ensure that the punishment fits the extent of the crime committed.
Most states have statutes that elevate assault and battery charges and their corresponding punishments when certain extraordinary circumstances exist. If such conditions are present, a defendant may be charged with the more serious crimes of aggravated assault or battery.
Circumstances that may result in a charge of aggravated assault or battery include:
- If the defendant used a weapon during the assault, such as a gun;
- If the victim is legally considered a vulnerable person, which includes children, pregnant women, and elderly individuals; and
- If the victim sustained severe harm or a serious and long-lasting injury as a result of the incident.
When these circumstances are present, a prosecutor may consider raising the charges. If the victim dies from their injuries, the defendant may be charged with manslaughter or murder.
