What Is The Difference Between Assault and Battery in Massachusetts and New Hampshire?
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Massachusetts: Assault vs. Battery
Assault
In Massachusetts, assault is defined as an attempt or threat to use force on another person.
You can commit assault in two ways:
- Attempted Battery Assault – You try to physically hit or harm someone, but miss (for example, swinging a punch and missing).
- Threatened Battery Assault – You intentionally put someone in fear that they are about to be hit (for example, raising your fist and threatening to strike them).
Key point:
No physical contact is necessary for an assault — it’s about attempt or threat.
Battery
Battery in Massachusetts means the actual, intentional, and unjustified physical touching of another person without consent.
Examples:
- Punching or slapping someone.
- Pushing someone intentionally.
- Spitting on someone.
Key point:
Battery involves physical contact, while assault can happen without it.
Penalties in Massachusetts
- Simple Assault or Battery (M.G.L. c. 265, §13A):
Up to 2½ years in jail and/or fines. - Aggravated Assault and Battery:
Harsher penalties if there’s serious injury, a dangerous weapon, or the victim is protected (e.g., police officer, elderly, domestic partner).
New Hampshire: Assault vs. Battery
New Hampshire does not separately define “battery.”
Instead, it treats all physical attacks under the general category of “assault.”
Assault (RSA 631:2-a and related statutes)
In New Hampshire, an assault occurs when a person:
- Purposely or knowingly causes bodily injury or
- Recklessly causes bodily injury, or
- Purposely or knowingly threatens another with imminent bodily injury, or
- Purposely or knowingly causes unprivileged physical contact (even minor touching).
So, what Massachusetts calls “battery” is simply part of the definition of assault in New Hampshire.
Levels of Assault in New Hampshire
- Simple Assault (RSA 631:2-a):
- Misdemeanor or violation (depending on intent).
- Covers minor injuries or offensive touching.
- Second Degree Assault (RSA 631:2):
- More serious injury or use of a deadly weapon.
- Class B felony.
- First Degree Assault (RSA 631:1):
- Causes serious bodily injury or uses a deadly weapon intentionally.
- Class A felony.
Summary Table
| Concept | Massachusetts | New Hampshire |
|---|---|---|
| Assault | Attempt or threat to commit a battery | Any attempt, threat, or actual harmful/unprivileged contact |
| Battery | Actual physical contact or harm | Not a separate offense; included under “assault” |
| Physical Contact Required? | Only for battery | Not required for threat-type assault |
| Statute | M.G.L. c. 265, §13A | RSA 631:2-a and 631:2 |
| Penalty Range | Up to 2½ years (simple); more if aggravated | Violation → Class A felony (depending on severity) |
