California Penal Code § 242 as "any willful and unlawful use of force or violence upon the person of another." 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. Brewer, J. D. 1994. Battery—physical harm through willful touching of person or clothing, without consent. Assault vs Battery. Mutual consent is when both parties agree to the situation, meaning that there was not a one-sided attack. Assault—the attempt to touch another or the threat to do so and person fears and believes harm will result. While assault is the attempt at violence, battery is the act itself. Further readings. The key element of battery is that the touching be unauthorized, not that it be intended to harm the person. The Main Difference Between Assault and Battery. ... What is the Nursing Code of Ethics, and what is its purpose? B. Assault is the threat of violence while battery is physical violence. It’s aggravated battery if there’s “great bodily harm.” It's also aggravated battery if there is an aggravating factor. 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. When the offense is committed with an intent to murder or do serious harm, it is called aggravated assault and battery. The Danger from Strangers: Confronting the Threat of Assault. Assault and Battery are two different criminal charges that can be put against guilty person. The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. $1,000 fine; 6 months to 1 year in jail). Main Difference. Battery is a criminal offense, and it can also be the basis of a civil lawsuit. An aggravated assault and battery is often committed with a dangerous weapon, and it is punishable as a felony in all states. Battery and Assault are two terms which are commonly used in criminology. All aggravated batteries are felonies. Examples are assault, battery, invasion of privacy and defamation of character. (Professional nursing & ethics). Defenses to Assault and Battery. 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. Some times, both charges leveled simultaneously against a person and sometimes separately. Battery, though also considered a violent crime, is a different type of offense. Most of the factors that aggravate an assault also aggravate a battery. Learn vocabulary, terms, and more with flashcards, games, and other study tools. 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