What is the distinction between assault and battery?

The distinction between assault and battery is indeed rooted in the elements of each. Assault typically refers to the act of creating a reasonable apprehension or fear of imminent harmful or offensive contact in another person. It does not necessarily require physical contact but focuses instead on the threat or intimidation that may lead a person to fear that they will be harmed.

Battery, on the other hand, is defined as the actual physical act of striking or making direct contact that is harmful or offensive. In short, battery is the completion of the act that assault warns about. The emphasis is on the physical interaction, which can occur without the victim's consent.

This differentiation helps to clarify how the law interprets actions involving threats versus actual harm, thereby ensuring individuals understand the nuances in legal terms and protections.