Assault and Battery, the unlawful and willful use of force or violence on a person. They are separate offenses. An assault is a demonstration of an unlawful intent to injure another person. Actual physical contact need not occur. A battery is the unlawful touching or striking of a person, done with intent to do harm. Battery is always accompanied by assault, but assault can occur without battery. The offenses are felonies if a weapon is involved; otherwise, they are usually misdemeanors. They are also torts; the injured person may sue for damages.