Why in TV shows when somebody hits somebody are they charged with assualt? Shouldn’t it be battery?
Assault - threat or use of violence
Battery - unwanted touching
Assault & Battery - use of violence which connects with a victim
It depends on the jurisdiction. “Assault” is a state crime, and is defined differently in each state. So, for example, in New York, Assault in the Third Degree is defined as:
and Second and First Degree assault deal with more severe injuries. There’s no seperate definition of battery.
However, in California:
So, the same crime that’s considered “assault” in New York, becomes “battery” in California. 50 states, 50 definitions.