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What is the difference between assault and battery?

  • Assault and battery are related but different concepts. Assault is a legal term to describe apprehension (fear) of immediate and unlawful offensive or harmful physical contact.
  • Battery is the intentional infliction of unlawful force on another person without that person’s consent.
  • To make this even more confusing indecent and sexual assault are technically forms of battery in tort law.
  • See our Assault, Sexual Assault and Homicide topic for more information on the criminal nature of these actions.

 

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