Is the primary difference between assault and battery physical contact?

The primary difference between assault and battery indeed revolves around the concept of physical contact. Assault typically refers to the act of causing a person to fear that they are about to experience harmful or offensive contact. It involves an intentional threat or action that creates a reasonable apprehension of imminent harm. However, assault does not require actual physical contact; the mere threat or attempt to inflict harm can suffice.

On the other hand, battery involves the actual physical contact or infliction of harm upon another person. It requires that the defendant's actions result in some form of physical contact, whether it's intentional or negligent, that is harmful or offensive to the victim.

Therefore, the distinction is clear: assault is about the threat or fear of harm, while battery is about the actual act of causing harm through physical contact. This understanding properly illustrates why the statement regarding the primary difference between assault and battery being physical contact is accurate.