Don’t risk your freedom.

Call today 651-447-6719

The Criminal Defense Attorney To Call
When The Stakes Are High

view our Practice areas

How are assault charges different from charges for battery?

The terms assault and battery are often used interchangeably on television shows and by individuals to describe those who either threaten to or actually inflict physical harm on another person. To law enforcement and prosecutors in some states, though, they're two distinct criminal offenses.

Put quite simply, an individual may be charged with assault if they threaten or attempt to injure someone else. If they actually make contact with them in either an offensive or harmful way, then they may be charged with battery.

For someone to be found guilty on an assault charge, there has to be a general intent. An individual who acts in a way that's dangerous to others may be charged with assault. This can happen even if there wasn't any proof they intended to inflict harm on a certain individual. Someone who attempts to scare another may, therefore, be charged with assault. Words alone do not warrant such charges though.

It's not necessary for a defendant to have intended to harm their victim to be charged with battery. They need only to have intended to or have actually had contact with them in either a negligent or criminally reckless manner to be charged with this crime.

Accidentally running into someone wouldn't be considered battery. Intentional, offensive or harmful touching that is done without the consent of the victim would be considered to be battery though. Courts rely on the "ordinary person" standard to determine whether an individual's actions were offensive.

Assault and battery are prosecuted independently of each another in some jurisdictions. They're grouped together as a single charge in others. A criminal defense attorney can help you understand how these crimes are prosecuted here in Minnesota and help you craft a defense in your case here in Minneapolis.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Schedule A Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Joseph S. Friedberg Chartered

701 4th Avenue South, Suite 300
Minneapolis, MN 55415

Phone: 651-447-6719
Minneapolis Law Office Map