• The intentional physical injury to another
• Creating fear in the other person of peril that will take place
• Aggravated Assault - using a deadly weapon, the intent to rape, hurt or murder another.  This is much more serious than just assault.
• The present ability to carry out the assault if not prevented

An assault can take place even if there is no actual contact with the other person.  An example is if the defendant points a toy gun at the plaintiff from a distance away.  Even though nothing happened, the assault can be accomplished.

• Battery is touching or physical contact with a person against their will by another person, resulting in injury, and sometimes using force. 
• This objectionable touch can be called battery even if there is no injury involved. 
• Examples are: 
• A person who sticks their finger in another person’s chest to prove a point can be charged with battery. 
• A person, who spits in another person’s face, without causing injury, has committed battery. 
• If you tell a dog to attack, this, too, is battery.
• Simple battery is a misdemeanor punishable by less than one year in prison or only a fine.