Cleveland, OH criminal defense attorney Jay Milano explains the difference between assault and battery. He states that as a practical matter, in today’s criminal courts, there is essentially no distinction between assault and battery. Battery technically involves touching someone, while assault is more about the threat, but in practice, the difference is minimal. In civil cases, a person generally has to physically touch someone to establish a claim. In criminal cases, physical contact is usually required as well—except in domestic violence situations, where causing someone to feel threatened can itself constitute a crime. Interestingly, even though this is considered a relatively minor offense, it is treated the same as if someone had physically struck their spouse.