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Penalty:  Can be a misdemeanor or a felony. This crime may result in up to five years in prison. The topics of assault and battery are complex and vary quite a bit in degree and potential penalties. • A person, who receives punishment of battery, is essentially guilty of assault. What Assault Means In the crime of assault, a perpetrator commits an intentional act that leads to the victim feeling afraid that they will experience imminent harm. Assault is the intentional act of making someone fear that you will cause them harm. There is however one major difference between the two terms for those in the know. Hours: Monday – Open 24 hours Tuesday – Open 24 hours Wednesday – Open 24 hours Thursday – Open 24 hours Friday – Open 24 hours Saturday – Open 24 hours Sunday – Open 24 hours, 32 North Kirkman Road Orlando, FL , 32811 Phone: 407-930-8912, 111 E Monument Ave, Suite 408 Kissimmee, FL 34741 Phone: 407-818-1141‬, 2420 N. Crystal Lake Dr., Suite 2-203 Lakeland, FL 33801 Phone: 863-272-7010, 211 E International Speedway Blvd Suite 206, Daytona Beach, FL 32118 Phone: 386-310-2011, 1515 E Silver Springs Blvd, Unit 145 Ocala, FL 34470 Phone: 352-505-9810. Fines can range between $500 – $10,000 depending on the type of assault and if it’s a felony. Depending on the state or jurisdiction you are in, the definitions may vary. According to historic criminal laws, assault and battery were two crimes that could possibly occur at the same time. Students Student Assist. ELI5: What is the difference between Battery and Assault? Thanks! The difference between an intentional and reckless act is important. Smith & Eulo is a criminal defense law firm located in Orlando. Assault and battery are the two basic “bodily harm” offenses. Privacy Policy. Indecent Assault and Battery when the victim is over the age of 14: This includes any touching that is “fundamentally offensive to contemporary moral values,” such as the touching of genitals, breasts, or buttocks. Understanding the Difference Between Assault and Battery. Battery is the actual infliction of unlawful force on another. Your email address will not be published. Many people believe the two crimes are the same, with defendants receiving a charge for assault and battery for the same crime. The Difference Between Crimes of Assault and Assault and Battery. Penalty: Misdemeanor offense with fines and up to a year in jail. While walking, he passes by a couple walking the opposite direction. May have to compensate the victim for any losses. This contact can be committed through body contact or use of an item. Essentially, for an individual to be charged with battery, they must have made contact with another individual in an offensive or harmful way. The man then kicks jane in her ankle causing her to fall onto the trail. He began talking to her and. Any reasonable threat to a person is assault while battery is defined as use of force against another with intent of causing physical harm without his consent. Other. This can be rape, molestation, or similar sexual offenses. Gaella_RN2010 (New) #Assault; I know that battery and assault are types of Intentional Negligence, therefore, you intend to cause harm. Assault usually means someone has created a fear of imminent harm within a reasonable person. In Alabama, domestic violence cases can lead to 99 years or life in prison. A battery occurs when one “causes bodily harm" to a person. Or, a reckless application of unlawful contact without the consent of the victim: Most individuals perceive common assault to merely construe direct and violent physical contact with another. Depending on the state the crime was committed in, the maximum sentence can be between 10 – 30 years. 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