» Assault and Battery

Assault and Battery

Assault and battery is often an offense that is paired together, although the elements involved are typically separate and do not always go together. It depends on the nature of the crime committed as to what the perpetrator is charged with later.

Assault is intentional and generates fear of immediate harm, or offensive contact. Assault may be committed even if contact never occurs. The plaintiff is not required to show the defendant had any malice towards him or her.

Battery is intentional physical contact without consent. It is battery if it causes pain or injury and/or if the act is offensive, and even if the defendant did not mean to cause harm, they may still be liable. A defendant may also be liable if they offend someone who is known to be very sensitive, even if the act was not offensive to someone not as sensitive. Contact may be indirect versus direct, and the plaintiff does not need to know the contact occurred.
Together, the offense of assault and battery is considered to be the intentional touching of a person without a reason. Most cases involving a battery also include an assault.