Would it be illegal to carry a knife in the car?
For many common people, there are not much of a differences between the assualt and a battery if any. This confusion seems to occur mostly because both of these criminal activities lead to the same charge against the criminal suspect.
Assault can happen in the absence of battery, and you can have battery without assault. Even though both battery and assault include bothering the victim verbally, assault is typically verbal and battery is more involving violent physical misconduct. To make the definition more clear, most states have have written down in their legal resources that assault is giving an imminent threat of a physical body harm to the other party while battery is where the threat either actually takes its form in as simple as a use of physical force or as serious as a physical bodily injury. So to give you an example of an assault, if someone on the street comes and walks upto and ask for a dollar to spare or else he threatens to hurt you. This is considered an assault since he said he would hurt you. But on the other hand, if he were to go as far as to touch you physically to start with it would be an example of a battery. if both examples occurs in this case it would be both assualt and a battery charge. So see that's reason often times common public are confused about these two terms since they both are intertwined and presented (or tried) together in the court of law because of the nature of the crimes both of them occurs.
So as we saw, assualt although is terrible and damaging but is not at the same severity level as battery since this crime lacks the physical contact. Assault only limited to an apprehension. But to add further and to make you understand the differences better, assault is an attempt to harm while the battery is conducting a harm. In the case of an assault, even if the suspect tries to make the victim apprehended or threatened, if the victim doesn't feel one it is not considered an assault. Similary, if the bad guy makes a fist and almost hits the victims face before stopping there that is assault and not a battery. These are ofcourse generally speaking.
So therefore, assault is actually an act of violence but battery in incurring physical injury and so so. Although there are some main differences between the assault and battery, they both include where the crime suspect acts intentionally. But sometimes it becomes very vague to understand and tell exactly why the judge declared so and so when that judgement doesn't seem to follow the terms' definitions. This happens mostly because the definitions varies from state to state. If a person threatens you and you don't get threatened and laughs at this statement, this is not an assault. Assault is where both threatening and getting threatened takes place. Battery is, as long as the suspect, actually hits you. These legal distinctions exists in jurisdictions that differentiate between the two of them. By law, wrongdoers in these cirminal activities have to pay for the damages done. Sometimes it is very difficult to take action and file court criminal charges against threats. That's where sometimes lawyers seek restraining orders to protect their clients since it is hard to prosecute without any kind of objective evidence. However, sometimes you have to use assault or the battery as a means of self defense; law tells you to get away from the attacker first. If that is not possible, just subdue him to an extent where he is hurt the leat. Otherwise if that attacker gets killed, you as a victim maybe tried in the court of law by District Attorney as a manslaughter case and face an unavoidable murder charge.
So next time, if anyone ask you to disntinguish between battery and assault - it's the existence and non existence of touch or contact. Under Common Law both of them are misdemeanors. They become more severe to felony when it involves intents such as killing, rape, rob or using a dangerous weapon. Law consider assault and battery as an act to invade the safety and security of an innocent individual. The punishment can vary from a simple amount of money as a fine to weeks of imprisonment. When the crime is very serious, such as where the someone's life is put in danger and use of deadly weapon, it is defined as aggravated assault and battery torts.