What is the difference between assault and battery?
As James J stated in the case of Fagan v MPC: Although "assault" is an independent crime and is to be treated as such, for practical purposes today "assault" is generally synonymous with the term "battery", and is a term used to mean the actual intended use of unlawful force to another person without his consent.' Assault AR: Any act which causes the victim to apprehend an immediate infliction of violence, eg raising a fist or pointing a gun. Assault MR: Intention or subjective recklessness. Battery AR: The infliction of unlawful force by one person upon another. Battery MR: Intention or subjective recklessness.
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