Start studying Assault, battery, False imprisonment. The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Battery, though also considered a violent crime, is a different type of offense. Simple battery is a Class A misdemeanor (max. $1,000 fine; 6 months to 1 year in jail). Learn vocabulary, terms, and more with flashcards, games, and other study tools. While the definitions of degrees of assault or battery vary by jurisdiction, the most common defense to an assault or battery charge throughout all jurisdictions is mutual consent. Assault is the threat of violence while battery is physical violence. Most of the factors that aggravate an assault also aggravate a battery. It’s aggravated battery if there’s “great bodily harm.” It's also aggravated battery if there is an aggravating factor. Both these words originate from the same scene and give the impression of having a similar meaning which is true in most cases, but there are slight differences between them which are therefore presented properly during a court proceeding or filing of a report. Assault and Battery are two different criminal charges that can be put against guilty person. A value is a personal belief about the worth of a given idea, attitude, custom, or object that sets standards that influence behaviors. Mutual consent is when both parties agree to the situation, meaning that there was not a one-sided attack. When the offense is committed with an intent to murder or do serious harm, it is called aggravated assault and battery. The Main Difference Between Assault and Battery. Some times, both charges leveled simultaneously against a person and sometimes separately. All aggravated batteries are felonies. An aggravated assault and battery is often committed with a dangerous weapon, and it is punishable as a felony in all states. The key element of battery is that the touching be unauthorized, not that it be intended to harm the person. Assault—the attempt to touch another or the threat to do so and person fears and believes harm will result. Battery—physical harm through willful touching of person or clothing, without consent. B. Assault vs Battery. Defenses to Assault and Battery. Thus forcing beneficial care on an unwilling patient would be battery. Further readings. Main Difference. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present. While assault is the attempt at violence, battery is the act itself. Assault is the threat of harm (includes perceived threats) and battery is actual physical contact. ... What is the Nursing Code of Ethics, and what is its purpose? 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