Social Question

RedDeerGuy1's avatar

What is the difference between assault and battery?

Asked by RedDeerGuy1 (24945points) October 25th, 2018

Just wondering. I watched a news clip last month of a man charged with battery for pinching the buttocks of a waitress. She kicked his ass first.

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14 Answers

LostInParadise's avatar

The short answer is that assault is the threat of harming someone and battery is when contact is made. Outside the court system, everyone else uses the term assault instead of battery and nobody else uses the term battery for anything other than electrical devices.

LadyMarissa's avatar

Assault is the act of doing something physically against a person’s will where battery is the result of the assault.

SergeantQueen's avatar

@LostInParadise assault is the threat of harming someone
Does that include all kinds of assault? Sexual assault is touching someone v.s sexual harassment is threatening/making comments. Wouldn’t threats just be harassment?

josie's avatar

If I swing and miss, that’s assault
If I swing and connect, that’s battery.

Demosthenes's avatar

Battery has to involve battering someone.

(I used to think it meant pelting someone with double As).

Call_Me_Jay's avatar

When you’re talking about an actual criminal charge, state law defines the crime. Dictionary definitions are irrelevant. The linked story is about Georgia. So…

Simple Assault:
Attempting to commit a violent injury on someone else or putting them in a situation where it’s reasonable they can be injured in such a manner. No actual physical touching is necessary to violate the law. Words can be enough. For example, threatening to break someone’s neck, if done in a menacing manner, can be considered simple assault.

Aggravated Assault: Assaulting someone:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or
(3) Shooting a firearm from within a motor vehicle toward a person or persons.

Simple Battery:
(1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or
(2) Intentionally causing physical harm to another person.

Aggravated Battery:
Intentionally and maliciously inflicting a serious injury to the victim, such as loss of a limb, loss of use of a limb, or serious disfigurement.

Copied from Findlaw – Georgia Assault and Battery Laws

Dutchess_III's avatar

Good for her!!!

LuckyGuy's avatar

Using the above definitions doesn’t it appear that the guy committed Simple battery: “Intentionally making physical contact of an insulting or provoking nature with the person of another”
While she committed Simple Assault: “Attempting to commit a violent injury on someone else or putting them in a situation where it’s reasonable they can be injured in such a manner.”

Dutchess_III's avatar

@LuckyGuy Women find it very threatening when they are sexually grabbed. You don’t know how far that guy could take it.

LuckyGuy's avatar

@Dutchess_III Agreed. I was was just looking at the definitions above. I hope she doesn’t get charged.

Dutchess_III's avatar

I doubt she will. Wouldn’t it come under some form of self defense?

LadyMarissa's avatar

Watch the video

He did NOT simply pinch her buttocks. He DESERVED to have his ass kicked!!! I see it as she was defending her honor. The creep was married with children & his family was sitting near where he was being Mr Macho. The only thing that would have made it any better would have been IF his wife got up & beat the crap out of him for doing such a thing!!!

Call_Me_Jay's avatar

While she committed Simple Assault:

Self-defense. There’s a difference between instigating and responding, as the police acknowledged. He got arrested, she did not.

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