Assault is the threat of bodily harm that reasonably causes fear of harm in the victim. Battery is the actual physical impact on another person. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this might be battery. If the victim has not actually been touched, but only threatened or attempted, then the crime is assault. Consider the act of spitting in someone's face. This is not painful, violent,or harmful, but it is certainly offensive and there is an impact, a touching, so this would be a battery.

(Reviewed 12-08)