assault and battery

In US law, 'assault and battery' denotes two related but distinct common law concepts that together cover physical attack and the unlawful use of force against another person. 'Assault' is the act that creates a reasonable fear in the victim of immediate physical harm, while 'battery' is the unlawful physical touching or application of force to a person's body without consent. In many American jurisdictions — and in federal practice — the two concepts are today treated under the single umbrella term 'assault'.

At the federal level, the central statutory provision is 18 U.S.C. § 113, which criminalises assault within federal maritime and territorial jurisdiction. The provision distinguishes between several degrees of the offence: 'simple assault' without aggravating circumstances, 'assault with a dangerous weapon' and 'assault resulting in substantial bodily injury', the last of which carries a more severe penalty.

In a true crime context — and particularly in articles about incidents such as the 'Malice at the Palace' in 2004 — the expression is used to describe a physical fight or attack involving direct bodily contact. During the NBA game between the Indiana Pacers and the Detroit Pistons on 19 November 2004, a massive brawl broke out involving players from both teams as well as spectators in the stands. Several players and spectators were subsequently charged with 'assault and battery' under the law of the state of Michigan.

In state law the definition varies from state to state, but Michigan — where the incident took place — applies, like many other states, a broad interpretation under which any intentional, unjustified physical contact with another person may potentially constitute 'battery', while 'assault' may exist already in threatening conduct that creates fear of immediate harm. Five Pacers players received criminal convictions, and Ron Artest — the most central player in the incident — received among other things a suspended prison sentence and community service.