Final answer:
Simple assault is not a lesser and included offense of battery. While both involve harmful or offensive contact, battery typically requires intentional physical harm, while simple assault can include the threat of harm without actual contact.
Step-by-step explanation:
Simple assault and battery are commonly associated crimes, but they are not the same offense. While both involve harmful or offensive contact with another person, the main difference lies in the level of intent. Battery generally requires the intentional act of causing physical harm or offensive contact, while simple assault can include the threat of such harm without actual physical contact. In legal terms, simple assault is often categorized as a lesser offense compared to battery. This means that if a person is charged with battery, they can also be charged with simple assault if certain elements are met. It is important to note that the specific definitions and classifications of assault and battery can vary depending on the jurisdiction. For example, let's say two individuals are involved in a physical altercation where one person throws a punch and causes physical harm to the other person. In this case, the individual who threw the punch could potentially be charged with both battery (for causing physical harm) and simple assault (for the threat of harm and the attempt to cause harm).