In Florida, the terms assault and battery are often times confused by lay people. A battery is a touching of the person, a physical contact with that person that’s either unwelcome or that hurts them. Okay, and an assault is basically a threat to do that. The threat itself is the assault. If I threaten someone and put them in fear, then I may have committed an assault, but if I actually hit that person or contact there of the physical person in some way that was either unwelcome or that injured them, then that would be a battery. The two are often times interchanged sometimes. Someone says, “You assaulted me,” when they really mean that, “You battered me.” A battery can be committed without an assault, or they can also be committed at the same time. If I threaten you, put you in fear and then commit the battery, then I’ve done both.
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