Most of the factors that aggravate an assault also aggravate a battery. B. Thus forcing beneficial care on an unwilling patient would be battery. The Danger from Strangers: Confronting the Threat of Assault. Battery, though also considered a violent crime, is a different type of offense. $1,000 fine; 6 months to 1 year in jail). While the definitions of degrees of assault or battery vary by jurisdiction, the most common defense to an assault or battery charge throughout all jurisdictions is mutual consent. Both these words originate from the same scene and give the impression of having a similar meaning which is true in most cases, but there are slight differences between them which are therefore presented properly during a court proceeding or filing of a report. Assault is the threat of harm (includes perceived threats) and battery is actual physical contact. Mutual consent is when both parties agree to the situation, meaning that there was not a one-sided attack. Defenses to Assault and Battery. Assault vs Battery. The key element of battery is that the touching be unauthorized, not that it be intended to harm the person. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Some times, both charges leveled simultaneously against a person and sometimes separately. Start studying Assault, battery, False imprisonment. While assault is the attempt at violence, battery is the act itself. Assault and Battery are two different criminal charges that can be put against guilty person. The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. When the offense is committed with an intent to murder or do serious harm, it is called aggravated assault and battery. Assault is the threat of violence while battery is physical violence. Battery is a criminal offense, and it can also be the basis of a civil lawsuit. (Professional nursing & ethics). Further readings. An aggravated assault and battery is often committed with a dangerous weapon, and it is punishable as a felony in all states. California Penal Code § 242 as "any willful and unlawful use of force or violence upon the person of another." Battery and Assault are two terms which are commonly used in criminology. Brewer, J. D. 1994. The Main Difference Between Assault and Battery. Examples are assault, battery, invasion of privacy and defamation of character. ... What is the Nursing Code of Ethics, and what is its purpose? Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present. Main Difference. Simple battery is a Class A misdemeanor (max. All aggravated batteries are felonies. Assault—the attempt to touch another or the threat to do so and person fears and believes harm will result. 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