Simple Assault and Simple Battery are actually two separate offenses under the same statute. The vernacular of assault is often used wrong. Assault is the attempt to commit a battery. Battery is the completion of the assault or the actual touching of the person. Therefore, one does not have to actually ever touch the person to be charged with this statute but merely attempt to touch the person. In Rhode Island, both Simple Assault and Simple Battery are misdemeanors and can be punished with up to one year in prison and/or up to $1000 in fines. If you are charged with Simple Assault or Simple Battery you need an experienced attorney, like Peter Calo, to represent you and your rights.