SerArthurDayne
Member
People often say assault when they mean battery. Many states have combined assault and battery, probably in part because of that confusion. Tennessee seems to be one of those states. So it doesn't matter, except perhaps to the level of charge, where sometimes "verbal assault" will be less than "physical assault" which can be aggravated by causing pain/injury and further by serious bodily injury or for other reasons.
edit: I guess I should clarify a bit. They were combined because they often go together. If I draw back my fist as if to punch you that is assault because it cause you to fear I will hit you, but if I follow through and hit you then it would become battery under a common or traditional definition, assault and battery both chargeable. If you didn't see me coming and I hit you on the back of the head that would only be battery and so on. Combining allows the same charge to be made at different levels, and you don't have to worry about issues like attempted battery if you miss, but you are still dealing with assault.
edit: I guess I should clarify a bit. They were combined because they often go together. If I draw back my fist as if to punch you that is assault because it cause you to fear I will hit you, but if I follow through and hit you then it would become battery under a common or traditional definition, assault and battery both chargeable. If you didn't see me coming and I hit you on the back of the head that would only be battery and so on. Combining allows the same charge to be made at different levels, and you don't have to worry about issues like attempted battery if you miss, but you are still dealing with assault.