You might think that these two terms are essentially the same.  This is a common mistake.  While they are often combined, their legal terms have entirely different definitions.

A person commits battery when he attacks or intrudes upon another person’s body.  It can range from touching someone against his or her will, to an unwanted sexual advance, to striking the person.  In most jurisdictions, battery is a misdemeanor.  It is referred to as aggravated if a weapon or other object is used.  While simple battery is a prosecutable crime, the additional factor of using a weapon increases both the stakes and the consequences.

On the other hand, assault is an action that is designed to create fear, distress, or other harm.  In many cases, it is verbal.  The way it is assessed is in terms of how a reasonable person would react to the action.  For example, reasonable persons would become afraid if they were threatened, or to become compliant if they believed that they were in danger.

In legal cases, assault and battery charges may be combined.  For example, if someone threatens you with a weapon, he is committing both crimes simultaneously.  If his actions result in bodily harm or injury, it becomes much more serious.  Weapons do not have to be traditional weapons.  Any object that has the potential of harming or injuring someone can be in this category.

The more you know about these kinds of legal basics, the safer you will be in your everyday life.  If you are victimized, knowing the facts and speaking with an assault and battery attorney can be the first step in getting the justice you need and deserve.  No crime against your person should ever be tolerated, no matter how minor it may seem to be at the time.  Your safety and peace of mind are within your rights in every situation.