Battery is the act of using force against another person which results in either bodily injury or offensive touching. It does not need to be intentional; force applied with criminal negligence is sufficient to be considered battery. In addition, the force does not have to be directly applied to the victim. For example, directing a dog to attack someone is considered battery.

Assault is either the intent to commit battery or the arousal of fear of bodily harm in another person, in a manner other than by the use of words.

If the victim has been actually touched by the person committing the crime, battery has occurred. If the victim has not actually been touched, but only threatened, the crime is assault.