What's the difference between assault and battery? Battery and assault can kind of be used interchangeably, but the difference between an assault and a battery is really basically the touching of the other person. You can commit what's called a B misdemeanor assault by threatening to commit an assault and never even have physical contact with the person. An a misdemeanor assault is you actually physically assaulting somebody and causing harm or the threat of harm. So, the distinction is not much here and it's not anything for you to worry about. Your lawyer knows the difference between those terms.