Louisiana Bar – Criminal Law, Criminal Procedure, and Evidence Practice Exam

The main idea is that simple assault hinges on creating fear or attempting to harm, while simple battery hinges on actually applying force. Simple assault covers situations where someone intentionally places another in reasonable apprehension of imminent harmful or offensive contact (or attempts to commit a battery). Simple battery, by contrast, is satisfied by the intentional use of force or violence upon another person—that is, actual physical contact.

If someone raises a fist and the other person fears an imminent strike, that fits simple assault. If the person is actually struck, that fits simple battery. The distinction does not turn on consent, nor does it treat these offenses as property crimes. And assault can occur without any physical contact, which is why it’s about the threat or attempt rather than contact itself.