People hear the terms assault and battery and assume they’re the same thing. However, even though they’re often used interchangeably, they have several legal distinctions.
If you’ve been charged with assault and battery, it’s crucial that you understand the difference between the two because it can impact how your case is handled, along with possible defense strategies.
Why are assault and battery often charged together?
Assault doesn’t necessarily mean you had physical contact with another person. Instead, it’s an attempt or threat to cause bodily harm to another person, plus you had the ability to carry it out.
In other words, the other person had a reasonable fear of being harmed. Raising your fist and threatening to punch someone could be considered assault, even if you didn’t actually punch them.
A charge of battery requires actual physical contact. It doesn’t even have to be a serious injury. Unwanted or offensive touching can qualify as battery. Some examples of battery include:
- Shoving someone during an argument
- Slapping or punching a person
- Spitting on someone
A person is often charged with assault and battery as a single offense because battery is essentially the follow-through of the assault. The threat of harm came first, followed by the physical act.
In Virginia, a standard assault and battery charge is a Class 1 misdemeanor. A conviction can result in up to 12 months in jail and a fine of up to $2,500. However, certain situations can make the charge more serious, such as:
- It was against a law enforcement officer, public servant, educator or healthcare worker
- The victim was targeted due to their race, religion or national origin
- It was a domestic violence incident, and there was a prior conviction
However, not everything is as it seems sometimes, and that includes an assault and battery charge. Every case is different, but some possible defense strategies may include:
- You believed you were in danger and acted in self-defense
- You were protecting another person from harm
- There was no intent to harm, and the incident was accidental
An assault and battery conviction can have long-term consequences for your reputation, career and future. Therefore, you need to work with someone who can challenge the evidence and provide a strong defense.
