Yes, you can be charged with battery without assault and vice versa. Battery also differs from assault in that it does not require the victim to be in apprehension of harm. An assault is both a crime and a tort. The state protects the public by alleging a prosecuting a crime while the individual harmed may seek civil relief by filing a private litigation. Therefore, an assailant may face both criminal and civil liability. Usually, battery follows an assault charge. This usually happens because battery is an unjustified harmful or offensive touching of another.