Battery and Assault

Assault and battery are two similar crimes that are typically committed at the same time, although they can also be committed separately. They are both considered to be basic, intentional torts. Many people assume that “assault and battery” is one single crime, but in tort law, they are actually two different acts.

The Difference between Battery and Assault

Assault is the act of intentionally presenting the threat of harm to another person. If someone has purposely caused you to fear for your safety, then you have been a victim of assault. For example, if someone on the street threatens to beat you up if you do not give up your wallet, then he or she has committed assault against you.

Battery, on the other hand, is the act of harmfully or offensively touching another person against his or her will. The victim does not have to be physically hurt for him or her to be a victim of battery. For example, both spitting on and hitting another person are considered to be batteries.

Both battery and assault may be considered “aggravated” if a deadly weapon was used in committing the crime. If an assailant threatens you with a gun, then he or she has committed aggravated assault. If you are actually shot with this gun, then he or she has committed aggravated battery. Both of these crimes are punished more severely than non-aggravated assault and battery.

Contact Us

If you have been injured by someone else’s malicious threats or actions, then you have the right to demand damages. By recovering compensation from your assailant, you can both gain justice and help see that he or she does not commit such an act again. Contact the Las Vegas personal injury lawyers of William Palmer & Associates, P.C. today at 702-888-2222 to speak with an attorney about your options.