Assault & Battery

Assault occurs when a defendant’s conduct intentionally causes reasonable apprehension or fear of bodily harm.  Assault differs from battery in that assault does not involve a touching of the victim.  Battery is the actual infliction of any intentional, unlawful, unauthorized touching.  It is not necessary that the victim have apprehension of contact, even a slight touching may constitute battery.  The Court evaluates whether the touching would be offensive to an ordinary person.  Charges of assault and battery are normally filed together.  However, a battery may occur without an assault.  For instance, the plaintiff who is struck from behind without being aware of the attacker still has an action for battery.

The plaintiff may recover nominal, compensatory damages (past and future wages), and punitive damages if the defendant’s conduct is willful, wanton or reckless.  Save Charleston Foundation v. Murray, 286 S.C. 170, 333 S.E.2d 60 (Ct. App. 1985).

The doctrine of transferred intent provides that an assault or battery directed toward one person that harms another is “malicious” as to the latter even though the defendant meant otherwise.  The tort of battery or assault and battery may be committed, although the person struck or hit by the defendant is not the one whom he intended to strike or hit.  Davis v. Collins, 69 S.C. 460, 48 S.E. 469 (1904); 6 Am. Jur. 2d Assault and Battery § 99 (1999).

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