Assault and battery is a legal term that involves a physical threat and act. An act of assault puts the victim in fear of bodily harm. Spoken threats are not assaults, because there must be some physical act. Raising a club or drawing back a fist is considered to be an assault, even if no actual blow follows. One who levels a gun at a crowd of people may be found guilty of assault against every person in the crowd. Battery pertains to the actual blow, or other physical injury. The two offenses usually occur together and are usually punished as one. No assault results if a person has a right to threaten or inflict harm. People can legally remove intruders from their homes with force if necessary.
Parents may use force in punishing children. But they become guilty of assault and battery if they punish too roughly. Assault and battery are crimes punishable by fine or imprisonment. The offender may also be sued for damages by the victim.
