Assault and Battery, usually heard by the layman as a single charge, actually involves two separate torts, although it is unusual for a charge of battery to be initiated without including assault. Assault is the mere threat of battery or making someone afraid of imminent or future battery. Battery is nearly always combined with assault because very few crimes of battery occur without prior threats.

Battery involves applying physical, intentional force to another person or intentionally touching that person in a manner that is offensive or harmful to them without their consent. A person has to have clear intent to cause harm or offense through contact in order to be guilty of battery. They must also instill fear and apprehension within the victim; in other words the victim must fear harm or offense. Lastly, the perpetrator actually has to physically commit the act of battery. Someone who merely stumbles into another person, causing that person to fall and injure himself, is not guilty of battery. There is no intent, no threat, no apprehension and no fear on the part of either party prior to the accidental physical contact. Conversely, the person who threatens to strike another and then actually follows through with the act is guilty of the crime of batter. They displayed intent, created fear and apprehension then carried out the act of physical contact without consent.

Criminal battery requires mens rea, or criminal intent to commit a wrong act or to contact a person in an offensive or harmful way. Simple criminal battery is often treated as a misdemeanor but with more severe punishment as the incidents increase. In some states a second or third offense of criminal battery is considered a felony. There have been many cases where charges have been dropped prior to a court hearing but in many states, charges of battery are not allowed to be withdrawn, even by the victim, if it involves domestic violence. The chances of the battery being repeated is too great.

Most sexual crimes include battery, since it is not a consensual act. Some states allow for prosecution of specific crimes of sexual battery.

Aggravated battery is merely battery with an aggravating factor. This could be victimizing a protected person such as a government agent or child in a protected place or vehicle, say, a public bus or a school zone. Serious injury is another aggravating factor that takes simple battery to a felony charge.