You've probably heard the term "assault and battery" used to describe one person intentionally harming another person. But "assault" and "battery" are two distinct types of misconduct with two distinct consequences for a perpetrator: civil and criminal.
In this article, we'll take a look at the legal definitions of assault and battery and offer some real-world examples of each. We'll also explain how the same conduct can give rise to both civil and criminal liability.
What Is an Assault?
An assault happens when a perpetrator causes a victim to reasonably fear an immediate physical attack. The perpetrator doesn't have to touch the victim to commit an assault—placing someone in fear of bodily harm is enough.
The criminal definition of assault varies a little from state to state. Each state has its own statute defining the elements of the crime of assault. In some states, criminal assault may include harmful touching.
The civil definition of assault is based on longstanding "common law" rules that apply in courts across the country, as opposed to specific statutes that vary from state to state. Civil wrongs, like assault, are also called "torts" or "personal injury claims."
Assault Examples
Verbal threats are usually not enough to add up to an assault. Some action, like a raised fist toward the victim, is usually required.
The victim's fear of immediate physical harm must be genuine and reasonable. The test for whether a victim's fear is reasonable under the circumstances is whether the perpetrator's actions would cause a reasonable person to be in fear of an immediate physical attack. In other words, the victim's response must be one that you'd expect from a reasonable person in the victim's position.
Acts that likely meet the definition of assault include:
- swinging a fist at someone's face
- intentionally swerving a car toward someone
- holding a loaded gun to someone's head, and
- holding an unloaded gun to someone's head if that person reasonably believes the gun is loaded.
Acts that probably don't meet the definition of assault include:
- telling someone that you intend to hit that person with a car at some undefined point in the future (no immediate threat of physical harm)
- swinging a hammer near someone who can't see you doing it (no genuine fear of physical harm), and
- accidentally swinging a hammer near someone's head (no intent to cause fear of physical harm).
What is a Battery?
A battery happens when a perpetrator intentionally touches a victim in a harmful or offensive way, without the victim's consent. A battery is sometimes said to be a completed assault, but that's not a perfect definition.
Making contact with someone by chance—bumping into them, in other words—while walking through a crowd doesn't amount to battery; intentionally pushing someone in that same crowd is a battery. The harmful touching can be direct or indirect.
Similar to assault, the criminal definition of battery varies a bit from state to state, while the civil definition is pretty standard nationwide.
Battery Examples
Battery is the intentional touching of another person in a harmful, rude, or offensive way.
Acts that likely meet the definition of battery include:
- punching someone in the face
- slapping someone on the rear end
- throwing a drink or an object in someone's face
- pulling someone's hair, and
- shoving someone against a wall.
Acts that probably don't meet the definition of battery include:
- tapping someone on the shoulder to ask a question
- elbowing someone while jostling for a basketball, and
- pushing someone away from you in self-defense.
Civil vs. Criminal "Assault" and "Battery"
A single assault or battery can be both a criminal offense and the basis for a civil lawsuit.
In a civil case, the person harmed (the "plaintiff") files a civil lawsuit against the person who allegedly committed the assault or battery (the "defendant"). Assault and battery are intentional torts, meaning the defendant meant to take the action that harmed the plaintiff. Most civil cases—like medical malpractice and slip and fall lawsuits—are about negligence (carelessness).
The plaintiff in a civil case must prove by a "preponderance of evidence" (a more likely than not standard) that a defendant committed an assault or battery. Plaintiffs who win their cases are entitled to "damages" (monetary compensation) for medical bills, lost income, and pain and suffering (physical and mental). In some states, plaintiffs might be eligible to receive "punitive damages," which are meant to punish defendants who commit intentional torts.
In a criminal assault or battery prosecution, the state government brings criminal charges against the defendant. A prosecutor must prove "beyond a reasonable doubt" that the defendant committed an assault or battery. The prosecutor, not the person harmed (called the "complaining witness" or the "victim"), decides whether to pursue charges.
Defendants who are found guilty of assault or battery face criminal punishment, including:
- jail or prison
- probation
- fines
- community service, and
- counseling.
Defenses to Assault and Battery
The person accused of assault or battery can raise certain defenses in both criminal and civil cases. For example, if the person harmed consented to being touched by the defendant, the defendant is probably not guilty of battery.
Another common defense in assault and battery cases is self-defense. People are entitled to use reasonable force to defend themselves or others against an aggressor. For example, a defendant accused of battery might admit that he punched the alleged victim, but argue that it was in self-defense because the alleged victim swung and missed first.
How Much Is a Civil Assault or Battery Claim Lawsuit Worth?
No two assault or battery cases are the same, so it's difficult to predict how much an individual claim might be worth. The amount of compensation you receive typically depends on:
- the nature and extent of injuries
- the length of your recovery
- your past and future medical bills
- your lost income
- your pain and suffering
- the costs associated with canceled trips or altered plans, and
- whether you're eligible to receive punitive damages.
Next Steps
If you think you've been a victim of an assault or battery, talk to a lawyer. Whether the government decides to bring criminal charges or not, you have legal options for pursuing compensation and accountability. Learn more about choosing a good personal injury lawyer. You can also connect with a lawyer directly from this page for free.
If you've been accused of committing an assault or battery, talk to a criminal defense attorney. A lawyer can answer your questions, protect your rights, help you navigate the criminal justice process, and refer you to a lawyer who can defend you in civil court if necessary.