What distinguishes battery from assault?

The distinction between battery and assault revolves primarily around the nature of the actions involved. Battery is defined as the actual physical contact or harm inflicted on another person. This could involve hitting, touching, or any application of force against someone without their consent. The key aspect of battery is that there is a tangible outcome where the victim experiences physical contact.

On the other hand, assault is characterized by the threat or attempt to cause harm that places another person in fear of imminent physical harm, even if no actual physical contact occurs. It is the fear or apprehension of violence that defines assault rather than any physical injury. Therefore, while battery requires actual contact, assault encompasses the fear or threat of immediate harm.

This clear differentiation is why the statement about battery being actual physical contact and assault involving threats is the correct assertion. Understanding this distinction is crucial in both legal contexts and everyday situations involving disputes or violent encounters.