(a) Assault. No person shall unlawfully attempt to use physical force capable of causing physical pain or injury to the person of another or unlawfully commit an act that places another in reasonable apprehension of immediately suffering physical pain or injury.
(b) Battery. No person shall unlawfully and intentionally make physical contact with force capable of causing physical pain or injury to the person of another or unlawfully and intentionally cause physical pain or injury to another person.
(WVaC 61-2-9)