No roleplaying game, set in any era or genre is generally complete without some kind of fight breaking out. Even if no one is killed, there is still a whole range of offences that could apply if the fight is in some way illegal. Films, TV, books and the news are full of colourful terms to describe these offences, such as 'battery' and 'grievous bodily harm', but what do these terms actually mean, and what's the difference between them?

Here's a short guide, as picking the right one to describe a situation could make your police, news and lawyer characters sound a lot more knowledgeable.

Assault and Battery

Although the terms 'assault' and 'battery' mean different things, in modern day practice, there is currently a trend to use the term 'assault' to include both. Here are the basic definitions.

An assault is an act which causes the victim to apprehend the use of violence. The emphasis here is on what the victim thinks is going to happen, not what actually does happen. There doesn't actually have to be any physical contact between the defendant and the victim to result in the crime of assault, as long as the victim is sufficiently frightened. Practical jokers beware! A couple of conditions are that the threat of the violence has to be real and immediate – capable of being carried out there and then, and that words alone are not generally sufficient. There must be gestures or action to back up the purely verbal threat. In recent years though, the courts have applied these very liberally indeed.

A battery is the unlawful infliction of force upon another person. Even a slight contact can suffice, as long as it is proved to be a 'hostile touching' (ie as part of an unlawful act). 'Normal' activities such as casual jostling in a busy street, patting someone's shoulder to get his attention, or giving someone a congratulatory slap on the back do not count as battery as long as they are kept within reasonable bounds.

In US Statute Law, Assault is defined as an attempt to cause bodily injury to another, or to inflict harm negligently using a weapon, whereas Battery is the crime of making an injury or contact upon another person in a manner likely to cause bodily harm.

In the UK, assault and battery offences carry a statutory sentence of up to six months imprisonment, and/or a 5000 pound fine. Distinctions are then made as to the type of harm caused:

Actual Bodily Harm (ABH)

The full name of this offence is 'Assault Occasioning Actual Bodily Harm'. As the name implies, the actual crime is the same as assault, the only difference is that the victim is actually injured in some way. This means that the threat of causing injury is still enough for a conviction, even if the threat is not actually carried out, as long as there is still some kind of harm resulting from it.

The definition of what constitutes 'Actual Bodily Harm' is very vague. Any kind of harm to the victim generally qualifies, including psychiatric harm caused by the act or just the threat. This means that acts such as making harassing telephone calls, or ones ending in silence, or stalking in such a way as to result in the victim becoming affected by a clinical mental illness all count as inflicting Actual Bodily Harm.

It is also worth noting that the defendant doesn't actually need to have intended to cause the harm, in order to be convicted of this offence. As long as the harm occurs as a result of his act, then he is liable.

This offence carries a sentence of up to five years imprisonment.

Grievous Bodily Harm (GBH)

This is incredibly vaguely defined, and is generally taken to be 'serious harm' to the victim. It is up to the courts to define whether an ABH assault is sufficiently serious to count as a GBH one. They are treated generally the same way in the courts, the only difference is that being convicted of GBH results in a stiffer sentence. As far as physical injuries go, the only guidance is provided in the form of 'malicious wounding'. This is defined as a purely physical injury that results in the breaking of the victim's skin (specifically, both the dermis and epidermis of the skin must be broken, in order to qualify). In modern days, any kind of serious harm can result in a conviction, and again, this can include psychiatric injuries.

In order to get a conviction though, it is necessary to show that the defendant should have foreseen that harm might occur as a result of his actions and went ahead with it anyway, even if he did not actually intend harm to occur. A pure accident is unlikely to qualify as GBH, but one caused by foreseeable recklessness may do. Unlike Assault with ABH though, a mere threat of the violence is not sufficient for a conviction. The harm must actually occur.

The offence carries a sentence of five years imprisonment.

Grievous Bodily Harm with Intent

As the name implies, this is the act of causing serious harm to the victim intentionally. The courts take this very seriously, and in English Law, it carries a life sentence – the same as murder.

Next time: Hot Fuzz - The Powers of the Police