Assault and Battery Attorney

What’s the Difference between Assault and Battery?

assault and battery attorney

The crimes of Assault, assault and battery, and aggravated assault all involve intentional harm inflicted on one person by another.

A crime involving a physical attack or even a threat of physical harm is usually classified as an assault, a battery, or both.

However, how do the two differ?

Assault vs. Battery

Some states split Assault and Battery up, while others combine the offenses.

The reason for pairing assault and battery as one offense is that they usually intend to harm when one commits battery. It threatens the person before committing the physical act, so that person commits both crimes.

However, in reality, when you put assault vs. battery into a clear perspective, the two have separate legal meanings.

What is Assault?

Assault is an intentional act that results in physical harm or fear for another person. Assault applies even when the victim of the assault is physically harmed.

What is Battery?

On the flip side, battery is the intentional offensive or harmful touching of another person without their consent. Therefore, it must include intentional touching, harmful or offensive touching, and no consent from the victim.

Jurisdictions have three degrees of assault or battery, with various punishments for the crime.

Degree of Assault

1. First-Degree Assault

First-degree assault is the highest assault level with the most severe punishment. It includes life-threatening physical harm and extreme indifference to the value of human life. Instead of using first-degree assault, some jurisdictions use aggravated assault, which is another way of stating the most severe form of assault.

First-degree assault usually entails the use of a dangerous weapon.

2. Second-Degree Assault

Second-degree assault usually includes dangerous weapons, but the intent of bodily harm is less severe than first-degree assault.

3. Third-degree Assault

Third-degree assault is a reckless infliction of the fear of severe physical injury—it is not in physical form.

Punishment For Assault and Battery

Regardless of a jurisdiction’s definition of assault or battery, a first-degree assault is rated as a felony. It is punishable by 5–25 years of imprisonment in Virginia under state code § 18.2-57.

A second-degree assault is usually felony-rated and punishable by 1–20 years of imprisonment, depending on the state.

A third-degree assault is usually classified as a misdemeanor, which means one cannot serve more than a year in jail.

Variation Of Assault

Other assault charges include sexual assault, including rape and statutory rape; assault with intent to murder; assault on a minor or juvenile; gang assault; and assault on a peace officer. These are generally classified as felonies, carrying jail time and fines. In addition, the charges are continuously enhanced if the person has a prior offense on their record.

Apart from criminal prosecution, assault, and battery are pursuable via civil lawsuits.

Assault and Battery Defense

Even though assault and battery in Virginia have serious charges, several defense measures exist. Here are the most common throughout all jurisdictions:

  1. Mutual consent is when both parties agree to the situation, meaning it is not a one-sided attack.
  2. Self-defense
  3. Defense of others,
  4. Defense of the property

However, these defenses are only usable when the force used to defend oneself, another, or property was proportionate to the assault or battery the individual intended to stop.

If you’re facing assault or battery charges in Fairfax, VA, you should consult an experienced criminal defense attorney for the best available defense.

Schedule A Free Case Consultation