Assault vs Battery: Laws and Penalties in All 50 States (2026)

Assault and battery are state crimes first, and the states do not agree on what the two words mean. Of the 50 states, 13 keep assault and battery as separate offenses, 5 punish one combined "assault and battery" offense, and 28 states use a single offense called assault that covers causing injury, with no general crime called battery. The table below compares all 50 states and the District of Columbia, and the federal section explains the narrow situations, such as federal land and aircraft, where federal assault law applies.

Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide compares the assault and battery statutes of the 50 states and the District of Columbia and summarizes the federal assault statutes in Titles 18 and 49 of the U.S. Code. Each state's full offense list, penalty ranges and exceptions are on its state page, linked from the table. It does not cover self-defense and justification (see self-defense laws), protective orders (see restraining orders), sexual offenses, tribal law or city and county ordinances.

What is the difference between assault and battery?

In everyday speech, assault is a threat or an attempt to hurt someone and battery is the actual hit. Only some state codes still work that way. Many codes have dropped the word battery, and a few have dropped the word assault, so the answer depends on which state's law applies.

The traditional meanings survive most clearly in court decisions. In Massachusetts, which punishes both under one statute without defining either word, the Supreme Judicial Court treats an assault as an attempted battery or putting someone in fear of an immediately threatened battery, and a criminal battery as a harmful or offensive touching (Commonwealth v. Gorassi, 432 Mass. 244 (2000)). See Massachusetts assault and battery laws.

State codes fall into three main models, plus a handful of states that fit none of them.

Model 1: separate assault and battery offenses (13 states)

Arkansas, California, Florida, Georgia, Idaho, Illinois, Kansas, Louisiana, Nevada, New Mexico, Oklahoma, West Virginia and Wyoming keep two offenses with two names. Usually assault is the threat or attempt and battery is the contact or injury.

California is the classic example. Penal Code 240 defines an assault as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another," and Penal Code 242 defines a battery as "any willful and unlawful use of force or violence upon the person of another." Florida draws the same line: assault under section 784.011 is a threat that creates a well-founded fear of imminent violence, and battery under 784.03 is an actual, intentional touch or strike against a person's will, or intentionally causing bodily harm.

The labels are not always that tidy. In Arkansas, battery is the offense of causing physical injury, while assault is creating a risk of injury or purposely creating apprehension of imminent physical injury (A.C.A. 5-13-201 to 5-13-207). Georgia has three base offenses: simple assault (O.C.G.A. 16-5-20), simple battery for insulting or provoking contact or physical harm (16-5-23), and battery for substantial or visible bodily harm (16-5-23.1).

Model 2: one combined offense (5 states)

Massachusetts, Michigan, Rhode Island, South Carolina and Virginia name both words but punish them together in one offense.

Michigan's MCL 750.81 punishes a person who "assaults or assaults and batters an individual" as one misdemeanor. Rhode Island's 11-5-3(a) covers "every person who shall make an assault or battery or both." Virginia's 18.2-57(A)(1) punishes "a simple assault or assault and battery" as a Class 1 misdemeanor. South Carolina's 16-3-600 creates one offense, "assault and battery," in four degrees, each covering both actual injury and an offer or attempt to injure "with the present ability to do so."

Because these statutes set penalties without defining the words, courts supply the meaning. Virginia's Supreme Court treats assault and battery as common-law crimes, and Michigan courts apply the common-law definitions.

Model 3: one offense called assault (28 states)

Alabama, Alaska, Arizona, Colorado, Connecticut, Delaware, Hawaii, Iowa, Kentucky, Maine, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont and Washington use one offense named assault, usually graded in degrees by the injury, the weapon and the victim. None of them has a general crime called battery.

What the word assault covers varies a great deal inside this group:

• Injury, threats and offensive contact all count as assault. Texas Penal Code 22.01 covers causing bodily injury, threatening imminent bodily injury, and physical contact the person knows or should reasonably believe the other will regard as offensive or provocative. Maine's assault statute covers causing "bodily injury or offensive physical contact" (17-A M.R.S. 207).
• Assault requires an injury, and threats are a separate crime. Every degree of Connecticut assault requires physical injury, which the code defines as "impairment of physical condition or pain"; a threat without injury is threatening (Conn. Gen. Stat. 53a-62). Alabama, Kentucky and North Dakota call the threat offense menacing.
• Offensive touching without injury is harassment. In New York, striking or shoving someone with intent to harass, annoy or alarm is harassment in the second degree (Penal Law 240.26), a violation. Pennsylvania (18 Pa.C.S. 2709), Colorado, New Jersey, Oregon and Hawaii also handle non-injury touching under harassment statutes, and Delaware calls it offensive touching (11 Del. C. 601).

The word battery can still turn up in these states outside the criminal code. New York's civil limitations statute (CPLR 215(3)) and Missouri's (RSMo 516.140) still name it, even though neither state's assault chapter does.

Other patterns: Indiana, Maryland, North Carolina, Wisconsin and DC

• Indiana has no crime called assault. IC 35-42-2-1 makes it battery to knowingly or intentionally touch another person in a rude, insolent or angry manner, a Class B misdemeanor with no injury required; threats are handled under statutes such as intimidation (IC 35-45-2-1).
• Wisconsin also builds on battery. Wis. Stat. 940.60 makes battery (causing bodily harm with intent to cause bodily harm, without consent) a Class A misdemeanor; 2025 Wis. Act 24 recodified the battery statutes into 940.51 to 940.66.
• Maryland codified the common law in two degrees. Criminal Law 3-201(b) defines assault to mean "the crimes of assault, battery, and assault and battery, which retain their judicially determined meanings."
• North Carolina has no statute that defines either word. G.S. 14-33(a) punishes "a simple assault or a simple assault and battery" and "a simple affray" together, and the state Supreme Court has said "the crime of assault is governed by common law rules" (State v. Floyd, 369 N.C. 329 (2016)).
• The District of Columbia punishes anyone who "unlawfully assaults, or threatens another in a menacing manner" (D.C. Code 22-404(a)(1)), and the Code never defines assault.

Simple vs aggravated assault

Most states start with a misdemeanor for a basic assault or battery and then climb the ladder for specific facts. Some states call the higher tiers "aggravated," others use degrees (first, second, third), and others use separate named offenses. The facts that move a charge up are similar across the country, though each state draws the lines in its own place.

Level of injury

Most codes distinguish ordinary injury from serious injury. In Connecticut, intentionally causing physical injury is third-degree assault, a class A misdemeanor, while intentionally causing serious physical injury is second-degree assault, a class C felony (Connecticut assault laws). Texas makes bodily-injury assault a Class A misdemeanor, but an assault causing serious bodily injury is aggravated assault under Penal Code 22.02, a second-degree felony (Texas assault laws).

Some states add a middle tier. The District of Columbia raises simple assault from a 180-day maximum to up to 3 years when the person causes "significant bodily injury" (D.C. Code 22-404(a)(2)), and Indiana makes battery causing moderate bodily injury a Level 6 felony.

The mental state matters too. In Arizona, intentionally or knowingly causing physical injury is a class 1 misdemeanor while recklessly causing it is a class 2 misdemeanor (A.R.S. 13-1203). Tennessee grades aggravated assault as a Class C felony when intentional or knowing and a Class D felony when reckless (T.C.A. 39-13-102).

Weapons

A deadly weapon is one of the most common routes to a felony. Florida's aggravated assault (784.021) is an assault with a deadly weapon without intent to kill, a third-degree felony (Florida assault and battery laws). Michigan's felonious assault (MCL 750.82) covers assault with a gun, knife, iron bar, club, brass knuckles or other dangerous weapon, up to 4 years. California's Penal Code 245(a)(1), assault with a deadly weapon other than a firearm, can be punished as a felony or a misdemeanor (California assault and battery laws).

Protected victims

Every state and the District of Columbia raises the grade or penalty for assaults on some listed victims, often tied to the victim's job and to whether the person knew or had reason to know it. The lists differ, so the statute's own wording controls. A few examples:

• Police officers and first responders. Tennessee makes assault on a law enforcement officer or first responder a Class E felony (39-13-116). Michigan makes assaulting a police officer, firefighter or EMS worker performing duties a felony even without injury (MCL 750.81d).
• Health care workers. Idaho's battery against health care workers (18-915C) carries up to 3 years in state prison, and Oklahoma's assault or battery on a medical care provider with intent to do bodily harm is a Class B6 felony (Oklahoma assault and battery laws).
• School employees. Ohio makes assault on a school teacher, administrator or school bus operator a felony of the fifth degree (R.C. 2903.13(C)(4)(d)), and Georgia's battery against a teacher or other school personnel carries 1 to 5 years, a fine of up to $10,000, or both (O.C.G.A. 16-5-23.1).
• Retail workers and sports officials. New York created assault on a retail worker, a class E felony (Penal Law 120.19). Delaware, Montana, New Hampshire and Virginia have provisions for sports officials.
• Older and vulnerable people. Florida steps up assault and battery by one degree when the victim is 65 or older (784.08), and Massachusetts makes assault and battery on a person 60 or older or a person with a disability a felony (c. 265, s. 13K).

Strangulation

Several states make strangulation a felony in its own right. Delaware's strangulation offense (11 Del. C. 607) is a class D felony and Indiana's (IC 35-42-2-9) is a Level 6 felony, neither requiring an injury; Kentucky's wanton strangulation (KRS 508.175) is a Class D felony, and Florida's battery by strangulation (784.031) is a third-degree felony. Utah and South Dakota fold impeding breathing or circulation into aggravated assault.

Domestic violence and repeat convictions

States handle domestic assault in different ways: some have a separate offense for family, household or dating relationships, some raise the grade inside the ordinary assault statute, and others, such as Connecticut, Colorado and Washington, attach a domestic violence designation to the ordinary assault charge. Illinois has a separate domestic battery offense (720 ILCS 5/12-3.2), a Class A misdemeanor that becomes a Class 4 felony with a qualifying prior conviction. Texas handles it inside 22.01: family violence assault with a prior conviction, or by impeding breathing or circulation, is a third-degree felony.

Repeat domestic convictions are a common felony route. Michigan's third domestic or pregnancy assault conviction carries up to 5 years (MCL 750.81(5)), and Virginia makes a third family or household assault and battery within 20 years a Class 6 felony (18.2-57.2(B)). Some states also escalate ordinary repeat assaults: South Dakota makes a third simple assault within ten years a Class 6 felony, and North Carolina has habitual misdemeanor assault (G.S. 14-33.2).

Protective orders in domestic cases have their own procedures, covered in our restraining orders guide.

Assault and battery laws by state

The table summarizes how each state structures its assault and battery offenses, the grade of the basic offense, and one common route to a felony. It is a summary, not a complete list: each state page has every offense, the statutory penalty ranges and the exceptions, and statutory maximums are not the same as typical sentences.

Missouri's assault degrees are rewritten by a 2026 act effective July 1, 2027; the Missouri row describes the law in force now.

Federal assault laws

Each federal assault statute is limited by place, by the victim's status, by a bias motive or by interstate travel, so most assaults are prosecuted under state law.

18 U.S.C. 113: federal enclaves, ships and certain aircraft

The general federal assault statute is limited by place. 18 U.S.C. 113(a) applies to "Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault." Under 18 U.S.C. 7, that jurisdiction includes the high seas and certain U.S. vessels, and "Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof," among other places.

Section 113 grades assault by intent, weapon and injury:

Each subsection also allows a fine. On an aircraft in the special aircraft jurisdiction of the United States, 49 U.S.C. 46506(1) applies the same section 113 penalties to acts that would violate it if committed in the special maritime and territorial jurisdiction.

Assaults on federal officers, officials and flight crews

• Federal officers and employees. 18 U.S.C. 111(a) covers forcibly assaulting, resisting or impeding a person designated in 18 U.S.C. 1114 while engaged in or on account of official duties: up to 1 year where the acts "constitute only simple assault," and up to 8 years where they "involve physical contact with the victim of that assault or the intent to commit another felony." Using a deadly or dangerous weapon or inflicting bodily injury raises the maximum to 20 years (111(b)).
• Members of Congress, Cabinet heads, Supreme Court Justices and other listed officials. 18 U.S.C. 351(e) punishes assault on a person designated in 351(a) by up to 1 year, or up to 10 years if the assault involved a dangerous weapon or personal injury results. The government need not prove the defendant knew the victim was protected (351(h)).
• The President, Vice President and staff. 18 U.S.C. 1751(e) punishes assault on a person designated in 1751(a)(1) by up to 10 years, and on a person designated in 1751(a)(2) by up to 1 year, or up to 10 years with a dangerous weapon or personal injury.
• Flight crews. Under 49 U.S.C. 46504, an individual on an aircraft in the special aircraft jurisdiction who, by assaulting or intimidating a flight crew member or flight attendant, interferes with the performance of that person's duties or lessens the ability to perform them faces up to 20 years, or any term of years or life if a dangerous weapon is used.

Hate crimes and interstate domestic violence

18 U.S.C. 249 punishes willfully causing bodily injury, or attempting to by fire, a firearm, a dangerous weapon or an explosive or incendiary device, because of a person's actual or perceived characteristics. For race, color, religion or national origin (249(a)(1)), the maximum is 10 years. For religion, national origin, gender, sexual orientation, gender identity or disability (249(a)(2)), the offense requires an interstate-commerce circumstance listed in the statute or conduct within the special maritime or territorial jurisdiction (249(a)(3)). Both carry up to life if death results or the offense includes kidnapping, aggravated sexual abuse or an attempt to kill. A federal prosecution under 249 requires written certification by the Attorney General or a designee (249(b)(1)).

18 U.S.C. 2261 covers interstate domestic violence: traveling in interstate or foreign commerce, entering or leaving Indian country, or being present within the special maritime and territorial jurisdiction, with intent to kill, injure, harass or intimidate a spouse, intimate partner or dating partner and committing or attempting a crime of violence against that person, or causing the partner to travel by force, coercion, duress or fraud. Penalties under 2261(b) run from up to 5 years to life, depending on the harm to the victim and whether a dangerous weapon was used.

Domestic assault convictions and the federal firearm ban

A state misdemeanor conviction can carry a federal firearm consequence. 18 U.S.C. 922(g)(9) makes it unlawful for anyone "who has been convicted in any court of a misdemeanor crime of domestic violence" to ship, transport, possess or receive firearms or ammunition in or affecting interstate commerce.

Under 18 U.S.C. 921(a)(33)(A), a misdemeanor crime of domestic violence is a misdemeanor under federal, state, tribal or local law that "has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon," committed by a current or former spouse, parent or guardian of the victim, a person who shares a child with the victim, a person who cohabits or has cohabited with the victim as a spouse, parent or guardian, a person similarly situated, or a person in a current or recent former dating relationship with the victim.

The Supreme Court has read "physical force" broadly in this statute. In United States v. Castleman, the Court held "that the requirement of 'physical force' is satisfied, for purposes of § 922(g)(9), by the degree of force that supports a common-law battery conviction." In Voisine v. United States, the question was whether misdemeanor assault convictions for reckless conduct trigger the ban, and the Court held "that they do."

There are limits. A person is not considered convicted unless the person had a lawyer or knowingly and intelligently waived one and, where a jury trial was available, the case was tried by a jury or the person knowingly and intelligently waived it (921(a)(33)(B)(i)). A conviction that has been expunged or set aside, or that was pardoned, or for which civil rights were restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense), also does not count, unless the expungement, pardon or restoration expressly says the person may not ship, transport, possess or receive firearms (921(a)(33)(B)(ii)). For a dating-relationship conviction, a person with no more than one such conviction who is not otherwise prohibited is not disqualified once 5 years have passed from the later of the judgment or the end of the custodial or supervisory sentence, if the person has no later disqualifying conviction; that path is not available where the victim was a spouse, co-parent or one of the other listed relations (921(a)(33)(C)). For how record-clearing works in each state, see our expungement guide.

Civil lawsuits for assault and battery

Assault and battery can also be the basis of a civil lawsuit. A criminal case is brought by the government and can end in jail, fines or probation; a civil claim is brought by the injured person for money damages. They are separate proceedings with different procedures and different deadlines, and a civil claim can be filed whether or not there is a criminal case.

Each state sets its own deadline (statute of limitations) for a civil assault or battery claim, and the periods often have exceptions. Those periods are collected state by state in our statute of limitations guide.

Related legal issues

• Self-defense. Whether force was justified is a separate legal question; see self-defense laws by state.
• Protective orders. Restraining orders and protective orders have their own procedures; see restraining orders by state.
• Records. Whether an assault arrest or conviction can be sealed or expunged depends on state law; see expungement laws.
• Sexual offenses. Sexual assault and similarly named offenses are separate crimes not covered in this guide; see age of consent laws for one part of that area.

Related pages

• Self-defense laws by state
• Restraining orders by state
• Expungement laws by state
• Statute of limitations in the United States
• Age of consent laws

This article provides general legal information about assault and battery law in the 50 states, the District of Columbia and federal law. It is not legal advice. Laws change, and their application depends on specific facts. For advice about a specific situation, contact a lawyer licensed in the state where the case arises.

Last updated: 2026-10-14.

Frequently Asked Questions

What is the difference between assault and battery?

It depends on the state. In the 13 states that keep two offenses, assault is usually a threat or attempt and battery is the actual touching or injury (for example, Cal. Penal Code 240 and 242). 28 states use one offense called assault that covers injury, and 5 states punish one combined offense.

Is assault a felony or a misdemeanor?

The basic offense is a misdemeanor in most states. It usually becomes a felony with serious injury, a deadly weapon, a protected victim such as a police officer, strangulation, or repeat domestic convictions; the state table above gives one example per state.

Can it be assault if no one was touched?

In many codes, yes. Illinois assault (720 ILCS 5/12-1) is conduct placing another in reasonable apprehension of receiving a battery, and Texas Penal Code 22.01(a)(2) covers threatening imminent bodily injury. Other states, such as New York, Colorado and Connecticut, treat threats as separate crimes like menacing or threatening.

What makes an assault aggravated?

Each state sets its own list. Common factors are serious bodily injury, use of a deadly weapon, strangulation and the victim's status; for example, Texas Penal Code 22.02 makes assault aggravated when it causes serious bodily injury or involves using or exhibiting a deadly weapon.

Is spitting on someone assault or battery?

Some codes address bodily fluids directly. Indiana's battery statute covers placing bodily fluid or waste on another person in a rude, insolent or angry manner, and Delaware treats striking someone with saliva or other bodily fluid as offensive touching, a class A misdemeanor.

Is assault a federal crime?

In limited situations. 18 U.S.C. 113 applies within the special maritime and territorial jurisdiction of the United States, and other federal statutes cover assaults on federal officers, members of Congress, the President and staff, flight crews, bias-motivated bodily injury and interstate domestic violence.

Does a domestic battery conviction affect gun rights?

It can. 18 U.S.C. 922(g)(9) bars anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition, and the Supreme Court has held that the force behind a common-law battery conviction and reckless domestic assault convictions both qualify.

Can a person sue for assault and battery?

Yes, a civil claim is separate from any criminal case. Each state sets its own deadline to file, often with exceptions; see the statute of limitations guide for the state.