Assault and battery

In the torts of assault and battery, assault is a threat or attempt to physically harm another, while battery is the actual act of beating another. Both can be crimes (so the state may prosecute) as well as torts (so the victim may sue). Examples of assault include hitting a person with a stick or a fist, drawing a weapon, and throwing something with intent to wound or strike. All battery contains some element of assault. A person may also commit assault through physical contact that does not amount to battery, especially if there was no injury to the victim.

Assault has slightly different meanings in different English-speaking jurisdictions. In Australia and New Zealand, for example, it refers to a crime of violence, while in the USA, it refers to a threat of, or attempt to commit, an act of violence (the tort of battery refers to the actual act of violence). In some jurisdictions, it may include any bodily contact without consent.

Not all acts of violence constitute assault (and/or battery): obvious exceptions include contact sports such as rugby or boxing (as long as the act is within the rules of the game) and medical surgery (i.e. where the patient has given consent).