Domestic Abuse Allegations: Assault vs Battery - The Difference
Accused of domestic violence but all was said were empty threats during a heated argument? This could constitute an assault, understanding the difference between assault and a battery which could both be charged under the same legislation is crucial so that you defend your case successfully. At Eventum Legal we specialise in domestic and sexual abuse, two areas which often overlap regularly representing those accused of varying levels of assault against their partner. This blog explains the key differences between an assault and a battery, offences which are often charged under
section 39 of the Criminal Justice Act 1988, as well as explaining why clarity in legal language is non-negotiable.
Getting It Right and Protecting Reputations
Having represented high profile individuals, we understand that the media can often misinterpret legal facts and the consequences of this. With the increase in popularity of mainstream media, the urgency to catch headlines leaves little room for legal precision. Legal terminology is crucial in criminal proceedings, especially where the specific wording of a charge can dramatically alter how a case is understood. Despite the importance of fair labelling, the media continue to use terms such as ‘assault’ and ‘battery’ as interchangeable in spite of their distinct legal meanings. This confusion is not just semantic; it can influence public opinion, damage reputations and misinform readers about the seriousness and nature of alleged offences.
A recent example involves Labour MP Mike Amesbury, who was convicted of common assault contrary to section 39 of the Criminal Justice Act 1988, specifically ‘assault by beating’. This conviction was due to a confrontation outside a pub in Cheshire. Many news reports referred to the incident at the time as a “punching attack” with some going as far as implying he was guilty of ‘battery’.
Breaking down the legal definitions:
Assault
A person is guilty assault contrary to section 39 Criminal Justice Act 1998, should they intentionally or recklessly cause someone to fear the immediate apprehension of unlawful force. There are no requirements for physical violence as threating words, or a raised fist would be sufficient.
This relates back to a heated argument whereby empty threats could be made or maybe a raised hand which leads a person to believe that they are about to be physically assaulted. In many cases of domestic abuse it is not uncommon for one party to report arguments to police and to allege domestic violence only for the accused to respond with "I did not hit them", not realising that an assault does not require a physical touch.
Battery
A person is guilty of battery contrary to section 39 Criminal Justice Act 1988, should they intentionally or recklessly apply unlawful force to another person.
Elements of a battery include the following:
1. Offensive physical contact with the complainant by the accused.
2. The accused has knowledge that their actions would result in offensive contact
MP Mike Amesbury
In the case of MP Mike Amesbury, when physical violence is used during a common assault, this is classified as a ‘battery’. Assault and battery are two separate offences under the statutory footing of
section 39 Criminal Justice Act 1988. In instances whereby both an assault and battery take place, this will be charged as “assault by beating”. Although this was not a domestic related incident, the principle remains the same.
The Impact of Media Misrepresentation on the Accused
When people are faced with criminal allegations especially in the realm of assault, battery or domestic violence; they may often worry about media publication, media inaccuracies can have serious and long-lasting consequences regardless of the outcome of the case. When using terminology such as ‘assault’ and ‘battery’ as interchangeable, it imposes a great risk of exaggerating the nature of the alleged offence to the public eye.
An individual charged with an assault, which as discussed involves no physical violence, may be portrayed as having violently attacking another. This evidently, leads to unprecedented damage to one’s reputation, straining personal relationships and having devastating consequences on professional advancements.
When it comes to high profile cases, this mislabelling can instigate a ‘trial by media’, which completely undermines the criminal justice system. Resulting in a public judgement based on incorrect assumptions rather than relying on the legal facts. To ensure a fair trial, the presumption of innocence is a basic human right not a luxury for the accused.
Will I Go To Prison For An Assault Which Includes a Battery?
Common assault and battery are summary only offences, this means they can only be heard by the Magistrates Court. They are low level assault offences however do carry a maximum sentence of six months in custody.
In the context of domestic incidents there are often other offences which are alleged alongside an assault, such as; Controlling or Coercive Behaviour, sexual offences
such as rape
and more serious assault offences
or allegations of non fatal strangulation.
If you are accused of more serious offences, which may be sent or heard only by the Crown Court, then less serious offences such as a section 39 assault allegations, would go alongside them to be heard collectively at the Crown Court. The sentence maximum however, remains the same for this specific offence.
In addition to the punitive element of any sentencing, the accused should also be mindful to protective orders orders that may be put in place against them such as; Restraining Orders,
Domestic Abuse Protection Orders, and/or Stalking Prevention Orders. Criminal investigations
and court proceedings can also bolster applications being made by the accuser in the family court too, and therefore this should always be considered not just as motive, but also the possible implications for the accused if they do not successfully defend the allegations against them. Protective Orders can have an impact lasting much longer than any punitive sentence.
What To Do If You Are Accused Of An Assault, Battery Or Any Offence Relating To Domestic Violence
If you find yourself in a position of being accused of an assault, battery or any other offence involving domestic violence, we are here to help. Our all female legal team represent men and women accused of domestic abuse; whether that be allegations of physical, emotional, financial or sexual abuse, we are here to fight your corner, to ensure your side is fairly heard and that you are not put at any disadvantage due to biased views in such cases. We take a non judgemental and meticulous approach to the defence of our clients, making you feel at ease from the moment you speak with us.
Due to us practising only in domestic and sexual offending, we have a deep knowledge of this niche area including protective orders that may be put in place against you (DAPO/DAPN), challenging bail conditions, and securing contact with your children amongst other legal implications you may face from third parties including the family court proceedings and social service. With our extensive network of professionals, we are able to ensure you have the right team behind you.
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