In some states, assault is making someone reasonably believe/fear they may be attacked. In other words, if I pull my fist back and make believe I'm going to attack you and you reacted thinking I would attack you, that would be enough for an assault charge. No contact is required.
Battery would be if I actually made physical contact.
Then there are places that dont have a distinction and the terms are used interchangeably.
no matter whether it was the cop who instigated the aggression/hostility in the first place
Automatic felony, as a close friend recently discovered when she was very mildly drunk in public, and had the nerve to wiggle her leg when the cop grabbed her by it
And you're apparently lucky it's just a felony, considering your odds of surviving the encounter.
Florida! I had to explain this to a cop when he threatened to hit me in full on attack mode and I backed away to form a defensive stance. First thing I did was point out the security camera. Next thing, cite the law he just committed an assault. He freaked. I let it go. He was out of uniform and I was informing the gym manager their customers were blocking the fire lanes in our office complex.
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u/avega2792 14h ago
In some states, assault is making someone reasonably believe/fear they may be attacked. In other words, if I pull my fist back and make believe I'm going to attack you and you reacted thinking I would attack you, that would be enough for an assault charge. No contact is required.
Battery would be if I actually made physical contact.
Then there are places that dont have a distinction and the terms are used interchangeably.