What is the difference between assault and battery?

The difference between assault and battery in South Carolina is important to understand with regards to violent crimes law. Assault is defined as an attempt to cause bodily harm with the presence or threat of violence. Battery is the actual infliction of physical force upon another person without their consent. Generally, assault is the attempt to commit battery. In South Carolina, assault is considered a misdemeanor crime. This can include threatening or menacing behavior with an object or weapon, or physical contact between the accused and the victim that is intended to cause fear in the victim. Battery is a more serious offense and can be charged as a felony in South Carolina. This includes any violent contact between the accused and the victim that causes physical harm. Examples of battery can include hitting, slapping, or punching the victim, or the use of a weapon to cause harm. Although the two crimes are closely related, the difference between assault and battery in South Carolina is that assault is an attempt to commit battery, while battery is the successful infliction of physical force upon another person. Understanding the distinction between the two is important when it comes to understanding and applying violent crimes law in South Carolina.

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