Legal definition of assault and battery
Robbery, Assault & Battery, Theft Legal Terminology

assault and battery

A person commited an assault and battery may be sued either in civil court or be prosecuted criminally.
The major difference between assault and battery is that an assault does not require an actual physical contact with another person, while battery requires actual touching to occur.
An assault can take place even though no battery occurs. On the other hand, it is impossible to commit a battery (a willful act) without first attempting to do so; thus, a battery necessarily includes an assault.
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