It’s Hit or Miss: The Difference Between Assault and Battery

Often, you hear people claim that someone assaulted them when talking about being hit by someone. However, what they should say is that they were battered. Why? They should say battered because although they are both crimes, there is a difference between assault and battery, and that difference matters.

The Louisiana criminal defense attorney at the Law Offices of Philip B. Adams explains more below.

Assault

A person commits an assault when he or she performs any intentional act or threat to engage in behavior that places a person in reasonable apprehension of receiving a battery. A simple assault is a violent offense committed without a dangerous weapon and is punishable by a fine of not more than two hundred dollars ($200.00) or not more than ninety (90) days in jail, or both. So, if a person intentionally throws a punch at someone and misses, that is an assault. However, if that person intentionally throws a punch at someone and hits that other person, that is a battery.

Battery

A person commits battery in Louisiana when he or she intentionally inflicts force or violence against another person. There must be actual contact. Additionally, intentionally giving poison or other noxious liquid or substance to another is also a battery. A simple battery happens without the consent of the victim and is punishable by a fine of not more than one thousand dollars ($1,000.00) or not more than six (6) months in jail, or both.

The Difference?

Simply put, the difference between an assault and a battery is the outcome. If a person is assaulted, they are not physically touched. If that person is battered, they were physically touched. Moreover, a battery may cost a purported offender more money and more time in jail if convicted. 

What Else?

Both assault and battery crimes can be aggravated or made worse by the use of a dangerous weapon during the commission of the crime. Aggravation increases the possible fine and the possible jail or prison sentence. An aggravated assault is punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than six (6) months, or both. An aggravated battery is punishable by a fine of not more than five thousand dollars ($5,000.00) or a sentence of imprisonment, with or without hard labor, for not more than ten (10) years, or both.

Whatever the case, if you or someone you know finds yourself charged with assault, battery, aggravated assault, aggravated battery, or any other criminal offense against a person, you should contact an attorney right away.

Call a Louisiana Criminal Defense Attorney Today

Facing criminal charges can be a costly and extremely stressful endeavor. However, having the right legal counsel can make the process less stressful and may be the difference between winning and losing. The Law Offices of Philip B. Adams are experienced Louisiana criminal defense lawyers. They have handled many cases dealing with crimes against persons, such as assault and battery and all variations thereof.
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We are located in Shreveport, Louisiana, and we represent criminal clients throughout the state of Louisiana. There is no crime too big or too small for us to handle. If you want to learn more about our firm, you can check out our website or contact us at 318-230-7199 to set up a consultation.