Difference Between Assault and Battery
Although these terms are often used together, there is a legal distinction between an assault and a battery. To put it simply: a battery may occur without an assault and an assault may occur without a battery. It’s thus very important to hire experienced attorneys who understand the nuances between these intentional torts.
In California, a person will be found liable for Assault if 1) they either intended to make harmful or offensive contact with their victim or intended for the victim to believe that they would be subject to harmful or offensive contact; and 2) the victim actually believed that they were going to be subject to harmful or offensive contact. On the other hand, a person will be found liable for Battery if 1) they intentionally subjected the victim to harmful or offensive contact; and 2) the victim was in fact harmed or offended.
If You’re a Victim of Assault and/or Battery
A significant misconception about Assault and/or Battery claims is that criminal prosecution is the only legal recourse. In fact, an Assault and/or Battery victim may also recover monetary damages in civil court.