What distinguishes an attempted battery from an assault?

The distinction between attempted battery and assault primarily lies in the nature of the actions involved and the psychological impact on the victim. Assault is defined as an act that creates a reasonable apprehension of imminent harmful or offensive contact in the person being threatened, without the necessity of actual physical contact. Therefore, it is fundamentally based on the victim's fear of harm.

Attempted battery, on the other hand, involves an intention to commit a battery (which requires actual physical contact), but the act is not completed. In this scenario, there may be an intent to harm, but if the victim does not experience the fear or apprehension that a reasonable person would feel in response to a threat, it does not satisfy the criteria for an assault.

Thus, stating that assault is based solely on a fear of harm accurately captures the essence of the offense, differentiating it from attempted battery, which is concerned with the intention to inflict actual contact.