Assault and Battery

Assault and battery are two distinct common law crimes that exist in all American jurisdictions, usually as statutory misdemeanors. Battery involves actual physical contact with the victim and is defined as conduct producing a bodily injury or an offensive contact. Assault, on the other hand, does not include physical contact with the victim and is classified as either an attempt at battery or an intentional frightening of another person. Although the term assualt and battery is frequently used when a battery has been committed, one who commits a battery cannot be punished for committing an assault, since the lesser offense of assault blends into the actual battery.