Assault And Battery Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Assault And Battery, written in plain English, along with examples of how it is used.

What is Assault And Battery?

History and Meaning of Assault And Battery

Assault and battery are two distinct but related legal terms commonly used together. Assault is the act of intentionally creating a reasonable apprehension of an imminent harmful or offensive contact with another person. Battery, on the other hand, is the contact that results from the assault. It is the intentional and unpermitted act of physical contact.

The history of assault and battery dates back to early common law. In early times, actions that resulted in physical harm were considered tortious, rather than criminal. Later, battery became a criminal offense under the common law, and assault was added as a separate offense that could precede battery.

Examples of Assault And Battery

1. If someone advances towards another person, raises their fist and threatens to hit them, it could be considered assault, even if they never actually hit the person. If the person follows through and hits them, it could be considered battery.
2. An individual who intentionally pushes a person to the ground could be charged with assault and battery if the push resulted in harm.
3. If one individual chases after another and, during the chase, strikes them, and harms them in any way, then this act could be considered assault and battery.

Legal Terms Similar to Assault And Battery

1. Homicide - The act of killing another human being. It may be classified as manslaughter or murder depending on the circumstances surrounding the event.
2. Harassment- Unwelcome conduct that is intended to annoy, alarm, or threaten another person.
3. Domestic violence- Any violence which occurs within the context of family or intimate relationships, whether physical or emotional in nature.