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SunstruckMorning t1_j5l7w9b wrote

Reply to comment by jailor_serry in Four Men Toss Deer Urine On Woman And In Aisles At Walmart In Gettysburg: Police by jillianpikora

What’s the difference?

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jailor_serry t1_j5l8f73 wrote

Assault is essentially the “act” of harming someone without physical contact. Battery is physical contact causing harm.

In this situation, if the people had a bottle of “deer urine” and pretended like they were throwing it, that’s assault. Physically throwing it and making contact is battery.

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30686 t1_j5lg37a wrote

Not according to the Pennsylvania Crimes Code.

Offensive physical contact is assault.

Simple assault, 18 Pa.C.S. 2701, includes "attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another." "Aggravated assault" in Pennsylvania, 18 Pa.C.S. 2702, basically involves serious bodily harm or an attempt to do so.

There is no separate crime of battery in Pennsylvania. "Battery" is subsumed in the assault statutes. Other states may have different laws on assault and some do have a distinct crime of "battery."

"Battery" traditionally means an offensive physical contact, and is basically a civil tort concept. If I punch you in the face in Pennsylvania, I will face a criminal assault charge, and you can file a civil lawsuit for money damages, based on battery.

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reverendsteveii t1_j5l8i33 wrote

Depending on which statutes are in play assault often covers things that don't necessarily require physical contact with the victim, and has a lesser penalty. Battery is when you do actually make physical contact with the victim and carries stiffer penalties.

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