• SamHutchinson

Assault Vs Battery

What is the difference?

It’s easy to think of an assault as the act of battery. But that is not always the case.

An assault is any act by which a person causes another to apprehend immediate and unlawful violence, meaning it is the fear which is the basis of assault.

Battery is the actual infliction of unlawful force on another. But the word “assault” has come to describe both offences. But assault doesn’t have to involve physical contact. Assault goes to the apprehension of injury or causing fear in another.

There need be no intention or power to use actual violence or power, for it is enough if the complainant on reasonable grounds believes that he or she is in danger of it. Indeed, if it later appears that no violence was intended, it is sufficient if the complainant or a reasonable person thinks that it is intended.

Have you been charged with assault? There are a number of defences available. Ask us how.

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