Battery (crime)

Battery is the intentional and offensive or harmful contact with another person.^[1] The exact definition varies by jurisdiction. In criminal law the elements of battery are physical contact that causes harm or offensive contact without that person's consent.^[2] Battery is often confused with assault which is threatening battery. Battery is when the threat (assault) is carried out and the person is harmed in some way.^[3] Criminal battery and civil battery may be the same or differ slightly depending on jurisdiction. In many cases the act of battery can result in both criminal and civil liability.^[3]

A balancing scale, commonly associated with law and justice.

Civil vs Criminal battery

Civil battery is a tort. It is a wrong committed against another person that results in damage.^[3] It is also called an intentional tort. In most cases they are the result of negligence, caused by carelessness or recklessness.^[3] The person on whom the battery was committed, the victim, may bring a lawsuit in court to collect monetary damages.^[4]

Criminal battery is the result of breaking a law regarding harming another person. Criminal cases are prosecuted by the state.^[3] There are four elements to criminal battery:^[4]

• Touching which is harmful or offensive.
• Contact was to the victim's person.
• Intent, that the act was deliberate.
• Causation, that something happened as a result of the act.

If all four elements can be proved, a prima facie case exists to go ahead and prosecute the offender.

In most cases the civil lawsuit follows a criminal trial. A person found not-guilty in a criminal trial does not prevent the victim from filing a civil suit. The burden of proof is usually lower in a civil court than in a criminal court.^[3]

Aggravated battery vs simple battery

When a court refers to 'battery', what is usually meant is simple battery.^[5] Simple battery is more often a misdemeanor. The elements of simple battery include:^[5]

• The use of force that is unauthorized or unlawful.
• Battery to the person of another.
• There is a physical injury or touching in an offensive manner.

Aggravated battery is more serious than simple battery. In most jurisdictions aggravated battery is a felony. What defines aggravated battery can vary, but most often in includes:^[6]

• The use of a deadly weapon.
• Cases where the result is serious bodily injury.
• The battery involves a hate crime
• Battery is committed against a vulnerable person: a child, an elderly person, or a pregnant woman.
• Battery committed against police officer is it usually considered aggravated battery.^[6]