In the eyes of the law, Assault and Battery are actually two different things. However, they are related to one another and are commonly used in the same instance. An Assault is defined the act of committing a physical attack on someone, or the act of placing someone in a reasonable fear of a physical attack. Hence, an Assault can occur without someone touching another person. The burden of proof with just an Assault is to prove the subject had the capacity or was in positions where they could if so choose inflict harm on the complaining person(s). If someone is alleging just an Assault, a LEO would have to get a warrant for the arrest of the subject in question before making a custodial arrest.
Now when it comes to Battery being added to the Assault that changes the situation because Battery is defined as the actual at of inflicting any kind of physical harm to another. Thus, the term Assault and Battery is suitable in cases where violence has taken place. Assault and Battery is an offense that requires a custodial arrest to be made if probable cause is obtained that implicates a subject of committing the offense. A warrant is not required when it comes to Assault and Battery because it is considered an offense that can be charged warrantless. In addition, in the eyes of the law the Assault and Battery charge would require an arrest be made in order to protect the complaining party from the subject that committed the act against them.
Assaults, and Assaults and Battery incidents are common unfortunately and LEOs deal with them on the regular basis without much incident. It is a pretty simple criminal offense, but this should serve to explain it in a more simplistic manner compared the language used in the law itself.
Assault v. Assault and Battery…
