A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behaviour or how severe the injury. A fist fight is a common battery; being hit by a wild pitch in a baseball game is not.
A battery is the application of force to another person without consent (see: Offences against the person). Battery is also actionable in tort: see Trespass to the person. n. the actual intentional striking of someone, with intent to harm, or in a “rude and insolent manner” even if the injury is slight. Negligent or careless unintentional contact is not battery no matter how great the harm. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. It is often coupled with “assault” (which does not require actual touching) in “assault and battery.
Battery is a criminal offence that involves the intentional and unlawful touching or striking of another person without their consent. It is typically classified as a misdemeanor, but can be charged as a felony in certain circumstances, such as when the victim suffers serious injury. The elements of battery include the intentional act of physical contact, lack of consent from the victim, and the absence of legal justification or excuse for the contact. Penalties for battery can include fines, probation, and imprisonment, and may also result in civil liability for the perpetrator.
A: Battery is the intentional and unlawful touching or striking of another person without their consent.
A: Assault is the threat of violence or fear of harm, while battery is the actual physical contact.
A: Yes, a person can be charged with battery even if the victim was not injured. The act of unwanted physical contact is enough to constitute battery.
A: The consequences of a battery conviction can include fines, probation, community service, and even jail time.
A: Yes, a person can claim self-defence in a battery case if they reasonably believed that they were in danger of harm and used force to protect themselves.
A: Yes, a person can be charged with battery if they were defending someone else, but they may be able to claim defence of others as a legal defence.
A: Yes, a person can be charged with battery even if they were under the influence of drugs or alcohol. Intoxication is not a legal defence for battery.
A: Yes, a person can be sued for battery in a civil court for damages such as medical expenses, lost wages, and pain and suffering.
A: No, a person cannot be charged with battery for accidentally touching someone. Battery requires intentional and unlawful physical contact.
A: Yes, a person can be charged with battery for using non-violent means of physical restraint if the victim did not consent to being restrained.
Battery is a criminal charge resulting from unlawful physical contact against another person. Common types of battery include punching a person, striking them with an object or grabbing someone’s arm. Simple battery results in minor injuries while aggravated battery is more severe. Common types of aggravated battery include hitting someone with a dangerous object, shooting someone or battery against a protected class such as a police officer, healthcare provider, social services worker or elderly person.
To prove aggravated battery the prosecution must prove the defendant intentionally applied physical force upon the victim, the attack was committed with a deadly weapon or the person suffered serious physical injury or temporary disfigurement. Penalties for battery are determined by jurisdiction and can be considered a misdemeanor or felony charges. If you have been arrested and charged with battery you need to talk to a criminal lawyer.
DismissThis site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 30th April 2024.
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