Because the two are so frequently lumped together in speech, and often occur together in action, assault and battery are often treated as one idea or charge. However, assault is something different from battery, and each one has other consequences within the legal system.
Assault is putting another person in fear of bodily harm through threats or attempting to do bodily injury to another person. No physical contact is necessary for an assault; an intent to harm, usually with both words and threatening, overt actions, is enough for the charge of assault to be made.
Battery is the intentional, deliberate touching of another person, done without their consent, which results in bodily harm or offense to the other person. Battery can be done without assault, just as assault is not necessarily battery. However, because threatening acts/putting someone in apprehension for their safety and injuring another person so often go together, the two crimes are not usually differentiated in everyday speech.
The main issue with both of these charges is that of ‘intent’ – the question of the case is if the doer’s actions were intentional. Walking through a crowded area and bumping into others is not battery, even though the contact may be offensive to some – but deliberately shoving others out of the way to get through might be. However, it would not be assault because there was no threatening of harm before the action was done, and the receivers of the action were not put into a state of fear for their safety.
The punishments for assault and/or battery vary depending upon how severe the offense was; Utah code provides harsher penalties for aggravated assault (with a deadly weapon, etc.), and for assaults on those who are ‘protected’ – people who are teachers, police officers, nurses/health workers, etc. These offenses are usually misdemeanors, punishable by jail terms of up to a year, and a $2,500 fine. Still, if the situation necessitates it, they can be upgraded to second-degree felonies, land the convicted person in jail for up to 15 years, and with penalties up to $10,000.
More than that, a conviction of assault and battery will appear on your records and will be accessible to landlords, admissions officials for educational institutions, employers, and many others. You do not want an assault and/or battery conviction on your record. It will substantially affect your life and the quality of life you now live – so call the Ault Firm today. Let us take care of you and your record, and we will do everything we can to fight this conviction and make sure you keep your rights intact.
(See our webpage on assault and battery for more information.)