What is the primary distinction between assault and battery?

The primary distinction between assault and battery lies in the nature of the actions involved. Assault is primarily defined as the act of causing apprehension or fear of imminent harmful or offensive contact; it is essentially about the threat of harm. This means that if one person threatens another in a way that causes that person to fear for their immediate safety, an assault has occurred, even if no physical contact takes place.

Battery, on the other hand, involves actual physical contact and harm. It is the unlawful application of force to another person that results in either injury or offensive touching. Unlike assault, which merely involves a threat, battery requires the completion of that threat through physical action.

This distinction is significant in legal contexts because different defenses and implications arise from the two offenses. The options that suggest confusion about the definitions of assault and battery do not capture this crucial difference. For instance, the notion that assault requires physical contact is incorrect, as physical contact is central to battery. Additionally, the idea that assault involves negligence and battery involves intent mischaracterizes both concepts, as assault does not require a showing of intent to cause harm but merely the intent to create apprehension.