What is assult/battery? (try to keep it simple)?

Question

like what make it an assult and not a battery or vice versa

and also when is it NOT considered Assult/battery

Please try to keep it simple i am no lawyer

Answer 1

Making a believable threat to hit someone is an assault. Touching someone, deliberately, without their consent, is a battery.

If you swing a bat at me, and miss, it's an assault. If you hit me, it's a battery. If you walk past a waitress in a bar and pat her butt as you do so, that's also a battery.

Richard

Answer 2

Assualt is an act or force or threat of force intended to inflict harm upon a person.

Battery is the unconsented to touching or striking of one person by another

Answer 3

An assault can be completed even if there is no actual contact with the person, and even if the person doing the threat had no actual ability to carry out the apparent threat. For example, a person who points a realistic toy gun at another person may be liable for assault, even though the person was fifty feet away from the other and had no actual ability to inflict harm from that distance.

A battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person. Please note that an offensive touching can constitute a battery even if it does not cause injury, and could not reasonably be expected to cause injury. A defendant who emphatically pokes the plaintiff in the chest with his index finger to emphasize a point may be culpable for battery (although the damages award that results may well be nominal). A defendant who spits on a plaintiff, even though there is little chance that the spitting will cause any injury other than to the plaintiff's dignity, has committed a battery.

Answer 4

An assault and/or battery is the intentional touching (however slight) of another person without their consent.  It's not an assault (or battery) if it was accidental or if there was consent.  Some jurisdictions allow for "mutual combat or assault" when two people get into a fight by agreement, so to speak.  Some assaults may be defended if the facts indicate self-defense or defense of others.  Do not try to convince a police officer regarding your position.  The only people you should talk to about any of this is your own lawyer and the judge or jury when the time comes.

Answer 5

assault is any reasonable threat to a person.

As soon as a threat becomes a blow, the crime is then assault and battery.