Facing an arrest on any charge may lead you to want to learn more about a conviction’s implications. If your arrest centered around assault, battery, or both, you may wonder how they differ.
It is important to note that assault and battery are not the same. While both are serious offenses, they are not interchangeable, and each brings a whole host of implications should a judge find you guilty. Discover what makes these two similar charges different.
How does the law separate battery and assault?
One of the main differences between assault and battery is action. You may face an assault charge even if you never physically touch anyone. Assault is any threat of violence, either in words or posture. If another person believes you pose a danger, an officer may arrest you for assault.
Battery, on the other hand, involves the physical act of touching another. It does not have to result in an injury for a person to call the police and have you arrested. You only need to physically touch someone without permission to face a battery charge.
What are the differences in penalties?
Battery has the most serious of charges with it because you can inflict real damage to someone when you physically touch them. The severity of the injury to the person often dictates how serious of a battery charge you face. Using a weapon during a physical altercation also increases the stakes and associated charges. This does not mean that assault comes with no charges because you can threaten someone with a weapon without using it and face an elevated assault charge as well.
If you face assault and battery charges, you may want to find someone with experience to help defend you.