I know to the actual lawyers here this is old news, but to my fellow pre-law students I thought you'd find this interesting. I was reading my pre-law book which says that you get in less legal trouble for punching someone in the back of the head than for a fair fight if you warn them and let them defend themselves. According to the text that is becuase battery if the actual hitting. Assault if the fear of being hit. So a fair fight would have assault and battery, but just being a jerk/coward and getting in a sucker-punch is just battery. Crazy stuff.