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