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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]
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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]
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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]
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