There is no assault if the act does not produce a true fear of harm that is reasonable in the victim. The general rule of battery occurs when someone offensively touches another person and the touching does not necessarily have to inflict harm. The elements of battery are that an act with intent to cause harmful or offensive contact to the victim (Gardner & Anderson, 2012).
The most important aspect that differentiates between assault and battery is the amount of contact. In assault cases, there is no physical harm to the victim, just threat from criminal to victim but in battery cases, there must be some physical contact between the criminal and victim. A person, who receives punishment for battery, is essentially guilty of assault as well but on the other hand; the assault crime has no charges of battery. Also, the purpose of assault is to threaten the victim while the purpose of battery is to cause to the victim actual physical harm (Molan, 2009).
Both acts of assault and battery can be either be a criminal act or subject one to civil liability. Another similarity is found under common law where both acts are both Intentional torts. In both cases there are common defense to an assault or battery charge in all jurisdictions, these defenses are mutual consent where both parties agree to the situation, meaning that there was not a one-sided attack and the other defense is self-defense, defense of others, or defense of property. These are the most common defenses (Molan, 2009).
The man’s actions should be considered as both an assault and battery because there were elements of both crimes in his actions. The attacker strikes (A) and rips her clothes this constitutes battery because there is actual physical contact that causes harm to the victim. Assault occurs when the attacker jumps from the alley and cause apprehension of harmful and offensive contact