What is the Difference Between Assault and Battery?

Philadelphia Assault and Battery Attorneys

Incidences of assault or battery can both be traumatic for victims. You may be wondering what the differences are between assault and battery, and which one you may have experienced. Assault and battery are often grouped together, but they are actually two different offenses that can have different outcomes in court. Our Philadelphia assault and battery attorneys at Rosen Justice Injury Lawyers explain the difference between the two.

What is assault?

Assault can be defined in different ways, but it typically refers to an attempt to physically harm someone else or making someone fear that they could be physically harmed. This can be done through words or actions. For example, if someone threatens to hit you and you believe that they could follow through on that threat, you may have been the victim of assault.

What is battery?

Battery occurs when someone physically touches you in a way that is unwanted or harms you in some way. This does not have to be a direct touch, as it could also be done through the use of an object. For example, if someone throws a rock at you and it hits you, this would be considered battery.

Assault vs. Battery

Although assault and battery are two different offenses, they are often charged together. This is because they typically occur together and can be difficult to prove one without the other. For example, if someone threatens to hit you but does not follow through, it may be hard to charge them with battery since there was no physical contact. However, if they do hit you, it would be easier to charge them with both assault and battery.

What are the penalties for assault and battery?

The penalties for assault and battery will vary depending on the severity of the offense and the state in which it occurred. In Pennsylvania, simple assault is typically charged as a misdemeanor offense, while aggravated assault is charged as a felony offense. Battery is also typically charged as a misdemeanor offense, but it could be upgraded to a felony charge if the victim was seriously injured or if a deadly weapon was used. Attackers convicted of assault and battery can face fines, jail time, and other penalties.

Do I have an assault and battery claim?

If you have been the victim of assault or battery, you may be wondering if you have a claim. The answer will depend on the circumstances of your case. If you were attacked by someone else and suffered injuries, you may be able to file a personal injury claim against them. This could allow you to recover compensation for your medical bills, lost wages, and other damages. If you were the victim of a sexual assault, you may be able to file a civil suit against your attacker or the institution where the attack occurred. You could also file a restraining order against your attacker.

Contact Our Philadelphia Assault and Battery Attorneys Today

If you have been the victim of assault or battery, you may be entitled to compensation. Our experienced Philadelphia assault and battery attorneys can help you understand your legal options and guide you through the legal process. Contact Rosen Justice Injury Lawyers today for a free consultation.