Understanding the Differences Between Assault and Battery

Jan 19, 2019


Welcome to John P. Bennett, Attorney at Law, where we provide expert legal services in law and government - legal matters. In this comprehensive guide, we will help you understand the differences between assault and battery, two commonly misunderstood terms in criminal law.

What is Assault?

Assault is a criminal offense that occurs when an individual intentionally causes apprehension of harmful or offensive contact. It is important to note that assault does not involve actual physical contact. Instead, it focuses on the victim's perception of a threat. Our team of experienced lawyers at John P. Bennett, Attorney at Law, is well-versed in defending assault cases and protecting the rights of our clients.

Types of Assault

Assault can be classified into different types, each with its own set of circumstances. These types include:

Simple Assault

Simple assault refers to the intentional act of causing apprehension of harmful contact without aggravating factors such as the use of a weapon or intent to cause severe injury. Although simple assault is considered a misdemeanor, it can still result in serious legal consequences. Our team can provide you with expert guidance and legal representation in simple assault cases.

Aggravated Assault

Aggravated assault involves the use of a deadly weapon, the intent to cause serious bodily harm, or assault against a specific group of individuals (e.g., police officers, public officials). The severity of aggravated assault charges can vary depending on state laws. At John P. Bennett, Attorney at Law, we have a proven track record of successfully handling aggravated assault cases, ensuring the best possible outcome for our clients.

What is Battery?

Battery is a distinct offense from assault and encompasses the intentional act of physically touching someone without their consent, causing bodily harm or offense. Unlike assault, battery requires actual physical contact. Our legal team is dedicated to protecting the rights of individuals involved in battery cases and providing expert legal representation.

Types of Battery

Battery can be categorized into various types based on the nature and severity of the offense. These types include:

Simple Battery

Simple battery refers to physically touching or striking someone without their consent, resulting in minor injuries or offensive contact. It is considered a misdemeanor offense, but penalties may vary depending on the jurisdiction and other factors. Our experienced attorneys can guide you through the legal process and ensure your rights are protected in simple battery cases.

Aggravated Battery

Aggravated battery involves the intentional act of causing serious bodily harm, typically resulting in severe injuries. This offense often includes the use of a deadly weapon. Aggravated battery is a felony and carries more severe penalties. Our legal expertise at John P. Bennett, Attorney at Law, allows us to build strong defenses and advocate for our clients facing aggravated battery charges.

Defense Strategies

When facing charges of assault or battery, it is crucial to have a skilled legal team on your side. At John P. Bennett, Attorney at Law, we believe in a comprehensive defense strategy tailored to each individual case. Our attorneys are experienced in utilizing various defense strategies, including:

  • Self-defense: Demonstrating that the accused person acted in self-defense to protect themselves from harm.
  • Lack of intent: Arguing that there was no intention to cause harm or offense, therefore challenging the charges.
  • Mistaken identity: Providing evidence or testimonies to prove that the accused person was wrongly identified as the perpetrator.
  • Consent: Showing evidence that the alleged victim consented to the physical contact or activity.


Understanding the differences between assault and battery is crucial when navigating the legal system. At John P. Bennett, Attorney at Law, we specialize in providing expert legal representation and guidance for individuals facing assault or battery charges. Our experienced attorneys will work diligently to protect your rights and ensure the best possible outcome for your case.

Geoff Carleton
Great article! It’s important to know the differences between assault and battery πŸ˜ŠπŸ‘
Oct 13, 2023