The overt behavior of an assault might be Person A advancing upon Person B by chasing after him and swinging a fist toward his head. The overt behavior of battery might be A actually striking B.
Battery requires (1) a volitional act that (2) results in a harmful or offensive contact with another person and (3) is committed for the purpose of causing a harmful or offensive contact or under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result. Assault is an attempted battery or the act of intentionally placing a person in apprehension of a harmful or offensive contact with his or her person.
In some places, assault is the threat of violence against another while aggravated assault is the threat with the clear and present ability and willingness to carry it out. Likewise, battery is undesired touching of another, while aggravated battery is touching of another with or without a tool or weapon with attempt to harm or restrain.
All text of this article available under the terms of the GNU Free Documentation License (see Copyrights for details)