The assault is generally an attempt to harm someone else which also includes threats against other people. For example, if Dan pushes Pat from behind, thats almost certainly a battery … Under this general definition, a battery offense requires all of the following: It may come as some surprise that a battery generally does not require any intent to harm the victim (although such intent often exists in battery cases). Copyright © 2020, Thomson Reuters. Introduction and overview. Instead, a person need only have an intent to contact or cause contact with an individual. It could either be a misdemeanor or a felony according to common law. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Is it unwelcome? Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Moreover, an intent to scare or frighten another person can be enough to establish assault charges, as well. contact, can have battery without assault and assault without battery In a criminal case, the charges will be against the harasser, not the employer Ask Yourself What type of harassment would this be? Assault and Battery. Battery, on the other hand, can occur without assault if the person had no reason to fear the impending harm. Another straightforward way that assault is sometimes defined is as an attempted battery. All rights reserved. In order commit an assault an individual need only have "general intent." This can range anywhere from the obvious battery where a physical attack such as a punch or kick is involved, to even minimal contact in some cases. Battery Without Assault? Battery on the other hand trespasses into the comfortable personal space of a person without his consent and causes him bodily harm. Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. If you read this far, you should follow us: "Assault vs Battery." The fact that the person may have been unaware that the rock had been thrown at him is irrelevant under this definition of assault. So, if an individual acts in a way that's considered dangerous to other people that can be enough to support assault charges, even if they didn't intend a particular harm to a particular individual. It's possible for an assault to occur without battery -- think of Dan raising his fist in a threatening manner, but no actual punch being thrown. However, the basic concepts underlying the offense remain the same. FindLaw's Assault, Battery and Intentional Torts section provides information about the various acts that are considered intentional torts and the elements that a … In a classic example, spitting on an individual doesn't physically injure them, but it nonetheless can constitute offensive contact sufficient for a battery. Learn more about these laws on our assault and battery legal answers page. And a battery can also take place without an assault. ArnoldIsNumeroUno April 1, 2006, 3:21am #1. Indeed, generally the main distinction between an assault and a battery is that no contact is necessary for an assault, whereas an offensive or illegal contact must occur for a battery. Spoken words alone will not be enough of an act to constitute an assault unless the offender backs them up with an act or actions that put the victim in reasonable fear of imminent harm. The definitions for assault vary from state-to-state, but assault is often defined as an attempt to injure to someone else, and in some circumstances can include threats or threatening behavior against others.