The primary difference between an assault and battery is what?

The primary difference between assault and battery lies in the presence of physical contact. Assault is generally considered an act that creates an apprehension of imminent harmful or offensive contact, meaning that the victim fears that harmful behavior is about to occur. In contrast, battery involves actual physical contact or harm. Therefore, while an individual can experience assault without any physical touch occurring, battery requires that such contact takes place.

This distinction is crucial in legal terms, as it differentiates between merely threatening behavior and actions that cause physical injury. Understanding this difference aids in interpreting various legal cases and the applicability of laws related to personal safety and protection against violence.