Assault vs Battery – Know the Differences?

Assault vs. Battery – Know the Differences?

You might have heard the terms assault and battery used interchangeably. But in reality, are there any differences between Assault and Battery? Are they the same, or are there have differences in terms of law and punishment?

What Canadian law says about it? Learn everything in this article and clear your confusion.

What is Battery?

It is a criminal act, and in Canada, an assault that causes physical harm is called Battery. According to criminal acts, when victims push defendants without any reason, and in return, the defendants do the same.

In Canadian law Section 267, physical harm is similar to Battery. It is a claimable crime that may result in 10 years of imprisonment.

Victims can charge against persons who can cause physical harm, use a weapon, or imitate a weapon. Physical injuries are any injuries that affect a person’s wellbeing beyond their temporary health, e.g., needing treatment.

Examples of Battery

The list below will give you a better idea of the Battery.

  • Nursing home abuse
  • Attempting to rape
  • Touching without any consent
  • Grabbing a person intending to harm or control them

What is Assault?

In section 265 of the Canadian Criminal Code, Assault is when a person forces another person without their consent. Assault can be both physical or psychological because the threat of force or continuously carrying a weapon is enough to lead to an assault offence.

In other words, Assault is an act of fear of trying to imposing bodily harm on another person. It recognizes as a punishable act, even if the person is not physically harming a person. According to this definition, the police can involve themselves and arrest without waiting.

Examples of Assault

The list below will give you a better idea of Assault:

  • Threatening to hurt someone
  • Pointing a weapon
  • Swinging and missing
  • Hiding a face with threatening
  • Throwing an object towards someone

What is the Difference between Assault and Battery?

The main difference between these two terms is not having consent. If two people fight, the physical force can be consensual.

On the other hand, if a group of people physically harms others, it can lead to Battery. Additionally, another difference is Battery can be any injuries or force but not psychological.

Let’s see the differences between them in terms of punishments.

Charges of Assaults and Battery

The Battery is a hybrid offence, and it determines where a prosecutor decides the summary of the crime. Hybrid offences lead to severe punishment, which can go up to 10 years in prison.

In contrast, the charges for Assault vary on the severity of the claim or the gravity of the case.

If you have a charge, you should first contact a trusted lawyer. Also, it is essential to have a lawyer who has experience in the field as this will help you get the best results.

Assault, Battery, and Aggravated Assault

The crimes of Battery, Assault, and Aggravated Assault are all intentional harming from one person to another.

All offences associated with a physical attack are generally in the category of Assault or Battery.

Based on crime severity, the level of crime rises to another level of Aggravated Assault. Aggravated assaults can attack more than one side, and a fight can also lead to prosecution even if the two agree to fight each other.

Simple Assault vs Aggravated Assault

In many states, the criminal law of assaults is more accessible or aggravated. Depending on the attack severity, it is likely when the Assaulter follows the victim to attack, and the victim strikes back.

Aggravated Assault is a crime that can include a crime attack with weapons or make a serious crime.

An assault can also explain when it happens in a relationship that concerns the legal system for special protection. In such missing factors, the crime tends to be a simple assault.

The three different classifying attack levels are fair, the most severe, second, or third level.

Words Alone Cannot form an Assult

A famous quote – “stick and stone can break the bones, but the words can never hurt me.” We recognize that the general policy of punishing people for exposed threats is often threats that people do not intend to carry out.

However, if you face issues with such a crime, it is essential to consult a criminal lawyer. An experienced lawyer can adequately explain the laws of a country and advise the best option that is available for a client. Find an experienced criminal law attorney near you by referrals or researching correctly.

Defendant raising a legal defence

A defendant can claim for legal protection to challenge any attack or battery charge. A successful defence can attempt to lessen, or even excuse, a criminal allegation. However, it is ideal to have an experienced lawyer raise a guard for blame.

There are four defences to assault cases as follows:

  • They did not use power
  • They reacted in self-protection
  • They did not act persistently
  • They were not at fault

As to Battery, criminal defence lawyers also prompt customers that there are four defences as follows:

  • They did not come in contact with someone
  • They did not act persistently
  • They reacted in self-protection
  • They did not have any reasonable justification which stopped them

Bottom Line

No criminal act is minor or major. Battery and Assault are serious criminal offences that crimes depending on the severity of the damage caused. Assault cases rarely go to court on their own because threats are difficult to prove. The difference between them is also very narrow.

Physical injuries can quickly form, and therefore batteries can be demonstrated. Assaults and batteries are mainly related to attacks but not necessarily associated with Battery. Sentences vary according to the laws of the jurisdiction and by law.



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