Many people believe an "assault" is pretty much the same thing as an "attack," and in some ways it is. The Merriam-Webster dictionary defines assault as "a violent physical or verbal attack." But the legal definition of assault is much more in line with Webster's second definition: "a threat or attempt to inflict offensive physical contact or bodily harm on a person."
Definitions of legal terms are very precise and technical for good reason. If someone is charged with assault, the prosecution must prove it based on set elements of what constitutes the crime.
So in the eyes of the law, the act of threatening offensive physical contact--be it a drawn revolver, the back of the hand or even an attempted tickle--is an assault. Anyone responsible for creating a situation where another person fears unwanted physical contact, not just that which is typically perceived of as an injury, has committed an assault.
Individuals also can be sued for assault as a civil tort, similar to how murder can be pursued in civil court as "wrongful death."
Battery, therefore, takes place when the trigger is pulled, the hand slaps the face or the finger tickles the victim. That is why you often see charges of both assault and battery in a criminal case, since the battery usually is preceded by an assault.
Similar to assault, battery isn't limited to acts traditionally considered injurious. For example, an unwanted grope by a coworker is battery because it is offensive, without consent and often causes psychological distress.
Criminal battery differs from battery as a civil tort in that it requires what is known as mens rea, or a criminal intent to do wrong.
An Illinois criminal defense attorney can better explain what the typical sentences are for assault and/or battery, based on the facts of a given case.
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Assault Basics (FindLaw)
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Elements of Assault (FindLaw)
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Battery Basics (FindLaw)
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Elements of Battery (FindLaw)
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Battery in Special Situations (FindLaw)
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