Assault and battery are two separate offenses, though they often happen together. Assault is the threat of harmful or offensive contact. Battery is the actual contact. Raising a fist and promising to hit someone is assault. Connecting with the punch is battery.

Criminal law and tort law treat these differently. Criminal assault and battery can lead to arrest, fines, and jail time. Civil assault and battery can lead to a lawsuit for damages. The same act can trigger both. A bar fight might result in criminal charges and a personal injury suit.

Key distinctions

• Assault requires apprehension of imminent contact, not fear.
• Battery requires physical contact, however slight.
• Consent is a defense to both.
• Self-defense can justify otherwise unlawful contact.
• Words alone are usually not enough for assault.

The apprehension element in assault trips people up. The victim must perceive that contact is about to happen. If someone swings at you from behind and you never see it coming, there is no assault, but there is battery. If they threaten you from across the street and cannot reach you, there may be no assault because the threat is not imminent. These distinctions matter in court, even if they seem technical in daily life.