Assault vs Battery
In legal terms, assault is generally the threat or attempt to inflict harm — putting someone in fear of imminent contact. Battery is the actual unwanted physical contact. The two often appear together ("assault and battery") because they describe successive stages of the same act, but the definitions differ — and so do the elements a prosecutor or plaintiff must prove.
Last reviewed on 2026-04-27.
Quick Comparison
| Aspect | Assault | Battery |
|---|---|---|
| Core element | Threat or attempt of harm | Actual physical contact |
| Contact required? | No — fear or apprehension is enough | Yes — touching, however slight |
| Intent | Intentional attempt or threat | Intentional unwanted contact |
| Common sequence | Often precedes battery | Often follows assault |
| Civil and criminal | Both — depending on facts | Both — depending on facts |
| Modern statutes | Often combined or redefined | Some U.S. states fold both into a single "assault" definition |
| Defences | Self-defence, consent, lack of intent | Self-defence, consent, lack of intent |
Key Differences
1. Threat versus contact
Assault, in classic common-law terms, is the intentional act of putting someone in reasonable apprehension of imminent harm. Raising a fist as if to strike — even if the strike never lands — can be assault.
Battery is the actual physical contact, however slight. Touching someone in anger, pushing them, hitting them. Battery requires contact; assault doesn't.
2. They commonly appear together
Many real-world incidents involve both. The aggressor swings their arm — that's assault. The arm connects — that becomes battery as well. Hence the familiar phrase "assault and battery."
But not always. A threat that puts someone in fear, even with no contact, is assault alone. An unconsented kiss is battery without assault (the victim wasn't in fear before the contact). The torts and criminal definitions are different in both directions.
3. Intent
Assault requires intent — the actor must intend the threatening act. Accidentally raising your arm in a way someone misreads is generally not assault.
Battery requires intent to touch (not necessarily intent to harm). Walking up to someone and tapping them on the shoulder against their will can technically be battery. Intent to harm is not always required; intent to contact usually is.
4. Modern statutory law
In some U.S. states, assault is defined to include both the threat and the contact, and there's no separate "battery" charge. In others, the two remain distinct.
In England and Wales, the older definitions still apply — "common assault" can be either threat or actual minor contact, and "battery" is the contact itself. Statutory definitions vary; check the specific jurisdiction.
5. Civil and criminal
Both assault and battery exist in criminal law (where the state prosecutes) and in tort law (where a victim sues for damages). The same act can produce both consequences.
A criminal acquittal doesn't prevent a civil suit. The standards of proof differ — "beyond a reasonable doubt" in criminal cases versus "preponderance of the evidence" in civil cases.
6. Defences
Common defences to assault include self-defence, defence of others, lack of intent, consent, and reasonable mistake.
Same defences generally apply to battery. The famous example is consensual contact in sports — players consent to contact within the rules of the game; contact outside those rules can be battery.
When to Choose Each
Choose Assault if:
- Discussing threats, attempted strikes, or reasonable fear of imminent contact.
- Cases where the contact never happened or hasn't happened yet.
- Anywhere the legal element being analysed is about the actor's intentional intimidation or attempt.
Choose Battery if:
- Discussing actual unwanted physical contact, however minor.
- Cases involving touches, pushes, hits, or unauthorised medical procedures.
- Anywhere the legal element being analysed is the contact itself.
Worked example
In a parking-lot dispute, person A raises a fist menacingly toward person B. Person B genuinely fears being hit. That moment is an assault. A swings — and the punch lands. The strike is also a battery. Police charges (or a civil suit) might list both. If the punch had stopped short and never connected, only the assault would stand.
Common Mistakes
- "Assault always requires contact." In classic terms, no — the threat or attempt is enough.
- "Battery requires injury." No — minor unwanted contact (a push, a slap on the back in anger) can qualify even without injury.
- "Assault and battery are the same charge everywhere." Definitions vary by jurisdiction; some states combine them, others don't.
- "You can't be charged criminally and sued civilly for the same act." You can — different burden of proof, different remedies.
This is general educational information, not personalised advice. See the disclaimer for the full note.