What is the essential difference between assault and battery? Discuss the mens rea and actus reus of each

Question

What will be an ideal response?

Answer 1

Assault and battery are two separate crimes. A battery is an unwanted and unjustified offensive touching. Body contact is central to the crime of battery. An assault is either an attempted or a threatened battery, depending on how the statute defines it. The essential difference between assault and battery is that assault requires no physical contact. The battery actus reus is unlawful touching. Unlawful touching includes a broad spectrum of acts but usually means any unjustified touching without consent. Statutes don't always spell out the battery mens rea. At common law, battery was an intentionally inflicted injury. Modern courts and statutes extend battery mens rea to reckless and negligent contacts. The MPC (ALI 1953, no. 11) defines "battery mens rea" as "purposely, recklessly, or negligently causing bodily injury," or "negligently causing bodily injury … with a deadly weapon.". Battery requires some injury. Assaults are either attempted batteries or threatened batteries. Attempted battery assault consists of having the specific intent to commit a battery and taking substantial steps toward carrying it out without actually completing the attempt. Threatened battery assault, sometimes called the crime of "intentional scaring," requires only that actors intend to frighten their victims, thus expanding assault beyond attempted battery. Threatened battery doesn't require actually having the intent to injure their victims physically; the intent to frighten victims into believing the actor will hurt them is enough.