Assault vs Battery in UK Law, Clarified
Last reviewed: June 2026
If you have seen a charge sheet or a news report mention “assault by beating” or “common assault” and felt confused, you are not alone. The everyday meaning of “assault” is broader than the legal one, and “battery” rarely appears as a charge in its own right. This guide sets out the legal distinction clearly, explains how the two are charged, and shows where common assault sits in the wider ladder of violent offences.
Assault: the threat of force
In strict legal terms, an assault is any act that intentionally or recklessly causes another person to apprehend immediate, unlawful personal violence. Crucially, no contact is required. Raising a fist, lunging towards someone, or making a credible threat of immediate harm can all amount to assault, provided the other person reasonably fears that force is about to be used.
Battery: the use of force
Battery is the actual application of unlawful force to another person. The force can be very slight — there is no need for injury, pain or a mark. An unwanted push, a slap, spitting at someone, or throwing a drink over them can all be a battery. Where an injury does result that is more than transient, the charge is likely to rise to actual bodily harm instead.
| Feature | Assault | Battery |
|---|---|---|
| Core act | Causing fear of immediate force | Applying unlawful force |
| Contact needed? | No | Yes |
| Injury needed? | No | No |
| Usually charged as | Common assault (s39 CJA 1988) | Common assault / “assault by beating” |
| Maximum sentence | 6 months (2 years if victim is an emergency worker) | 6 months (2 years if victim is an emergency worker) |
How they are charged in practice
Although the textbooks separate them, the criminal courts deal with both through the single offence of common assault under section 39 of the Criminal Justice Act 1988. A battery is often written on the charge sheet as “assault by beating”. Common assault is a summary-only offence, meaning it is normally tried in the magistrates’ court, and the maximum penalty is six months’ imprisonment, a fine, or both. Where the victim is an emergency worker — a police officer, NHS worker, firefighter or prison officer acting in that role — the maximum rises to two years for offences committed on or after 28 June 2022.
Where common assault sits on the ladder of offences
Common assault is the least serious of the main violent offences. If the victim suffers harm that is more than trivial, the appropriate charge becomes assault occasioning actual bodily harm (ABH) under section 47 of the Offences Against the Person Act 1861, which carries up to five years. More serious still are grievous bodily harm and wounding. The charge chosen reflects the level of harm and the intention behind it.
- “You have to be hit for it to be assault.” No — a credible threat that makes you fear immediate force is enough for assault, even with no contact.
- “Battery means a serious beating.” Legally, the slightest unlawful touch can be a battery; no injury is required.
- “Assault and battery are different charges.” In practice both are prosecuted as common assault under section 39.
Frequently asked questions
Can you be guilty of assault without touching anyone?
Yes. Causing someone to fear immediate unlawful force — for example by threatening them — can amount to assault even if no contact occurs.
Is “assault by beating” the same as battery?
Yes. “Assault by beating” is the way a battery is usually described on a charge sheet.
Does common assault always go to the magistrates’ court?
It is a summary offence, so it is normally dealt with in the magistrates’ court, though it can be linked to more serious matters heard in the Crown Court.
What if the person was injured?
Injury that is more than transient or trifling usually means a more serious charge such as ABH rather than common assault.
Official sources: Criminal Justice Act 1988, s39, CPS charging standard, Sentencing Council.
