Question

What is the essential difference between assault and battery? Discuss the mens rea and actus reus of each.

Answer 1

Assault is defined in some jurisdictions as the threat of physical harm that causes the victim's fear of harm reasonably, while battery is the actual physical impact on another person. If the victim wasn't actually touched, but only threatened (or somebody tried to touch them), then the crime is being attacked. If the victim is touched by the person committing the crime in a painful, harmful, violent, or offensive manner, this could be a battery. Even a small touch may qualify as a batter if it is painful, harmful, or offensive to the victim.

Assault and battery are often classified as one felony in some jurisdictions. The explanation for this is that when someone commits a battery they generally intend to harm and intimidate the victim before the physical act is committed. There will also be various degrees of battery, including first, second and third degrees. Each degree describes the seriousness of the crime. In other jurisdictions, assault is defined more broadly as any intentional physical contact without their consent with an individual. The definition of assault in these states includes the definition of other jurisdictions ' battery.

First degree assault, the level of assault given the most severe punishment, generally includes severe physical harm and extreme indifference to human life's value. Instead of using the "first degree assault" category, some jurisdictions are going to use the term aggravated assault, which is just another way to say it is the most serious form of assault. Aggravated or first-degree assault will typically include in its definition the use of a dangerous weapon. Second degree assault will usually also involve the use of a dangerous weapon, but what distinguishes second degree assault from first degree assault is either the intent behind the physical harm or the level of physical harm. Assault of the third degree is the form of assault receiving the lightest punishment. This is when a person is trying to injure another person, but is not doing so, or when a person is injuring a person, not physically.

Regardless of the definition used by the jurisdiction, the broader definition of assault, or separate definitions of assault and battery, a first-degree (or aggravated) crime of this nature is classified as a crime. It's punishable by 5-25 years in prison, depending on the state. In the second degree, an offense of this type is also usually classified as a felony and is punishable by 1-20 years in prison, depending on the state. A third-degree crime of this nature is usually classified as a misdemeanor, meaning the person is not going to spend more than a year in prison for the crime. For jurisdictions that define assault, this is the same as just the threat of physical harm.