Battery is the criminal offense whereby one party makes physical contact with another party with the intention to harm them. In order to constitute battery, an offense must be intentional and must be committed to inflict injury on another. Battery is different from a similar offense called assault. An assault is any attempt to threaten or attack another party. Physical contact is not required to constitute an assault.

The difference between battery as a crime and battery as a civil tort is merely in the type of intent required. A criminal battery requires the presence of mens rea, or a criminal intent to do wrong, i.e., to cause a harmful or offensive contact. Accordingly, a defendant found guilty of the crime of battery is often sued by the defendant in a civil action for the same offense/incident.

Punishment for battery generally.

Two separate offenses against the person that when used in one expression may be defined as any unlawful and unpermitted touching of another. Assault is an act that creates an apprehension in another of an imminent, harmful, or offensive contact. The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat. Battery is a harmful or offensive touching of another.

The offense of battery occurs when a person: 1. Actually and intentionally touches or strikes another person against the will of the other; or 2. Intentionally causes bodily harm to another person.

More and more people are travelling, living or studying abroad and are therefore potential victims of crimes committed in a country other than their own. In May 1999, the European Commission adopted a communication entitled 'Crime victims in the European Union - standards and action' to improve access to justice for victims of crime in the European Union and to protect their rights. This communication deals with the prevention of victimisation, assistance to victims, the standing of victims in the criminal procedure and compensation. On 15 March 2001, the Council adopted a Framework Decision on the standing of victims in criminal proceedings with a view to harmonising basic rights for victims of crime within the all territory of the EU.

Assault and Battery are two different offences of common law. An assault is - "any act by which a person intentionally or recklessly causes another person to apprehend immediate and unlawful ad personal violence." And a battery is - "any act by which a person, intentionally or recklessly inflicts unlawful personal violence upon another person."

Battery or the commission of similar violent actions, which have caused physical pain but not involved the consequences referred to in Article 115 of this Code, shall be punishable by a fine in the amount of up to 100 minimum wages, or in the amount of the wages or salary or any other income of the convicted person for month, or by compulsory works for a period of time from 120 to 180 hours, or by corrective labour for a term of up to six months, or by arrest for a term of up to three months.

Founded as the first law center in the nation dedicated solely to serving the legal needs of sexual assault victims, the Victim Rights Law Center Advocates for sexual assault victims’ legal rights within the civil, academic and criminal justice systems. We not only give survivors the free legal services they need, but also work to make the legal system a more accessible and just system.

Ottawa Victim Services (OVS) provides emotional support, practical assistance, referrals and advocacy to individuals who have been victimized as a result of a crime or tragic circumstance, without judgment in order to lessen the impact of victimization. OVS is a community-based agency committed to treating individuals with courtesy, compassion and with respect for their dignity, privacy and diversity.

Every person is unique, but when you face a challenge like being a victim of assault and battery, you are never alone. Countless men, women and children have faced the exact same incident and have survived and thrived. The following guide is designed to help you navigate your journey with the best information and resources that helped other survivors when they faced the same challenge.

Battered Woman Syndrome (BWS) is a collection of psychological symptoms, often considered a subcategory of Post Traumatic Stress Disorder, and can be measured by a trained mental health professional.

Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law including: arson, assault, battery, bribery, burglary, child abuse, child pornography, computer crime, controlled substances, credit card fraud, criminal defense, criminal law, drugs and narcotics, DUI, DWI, embezzlement, fraud, expungements, felonies, homicide, identity theft, manslaughter, money laundering, murder, perjury, prostitution, rape, RICO, robbery, sex crimes, shoplifting, theft, weapons, white collar crime and wire fraud.

Arson is the malicious burning or exploding of the dwelling house of another, or the burning of a building within the curtilage, the immediate surrounding space, of the dwelling of another. Modern legislation has extended the definition of arson to include the burning or exploding of commercial and public buildings—such as restaurants and schools—and structures—such as bridges.

Assault is an act, usually consisting of a threat or attempt to inflict bodily injury upon another person, coupled with the apparent present ability to succeed in carrying out the threat or the attempt if not prevented, that causes the person to have a reasonable fear or apprehension of immediate harmful or offensive contact. Whereas, Aggravated Assault is a criminal assault accompanied by circumstances that make it more severe, such as the victim suffering serious bodily injury or an assault committed with a dangerous and deadly weapon. The additional circumstances that make the act an aggravated assault are set by statute.

The crime of Bribery is defined as giving or taking money or some other valuable item in order to influence a public official (any governmental employee) in the performance of his/her duties. Bribery includes paying to get government contracts (cutting the roads commissioner in for a secret percentage of the profit), giving a bottle of liquor to a building inspector to ignore a violation or grant a permit, or selling stock to a Congressman at a cut-rate price, as examples.

Burglary is the criminal offense of breaking and entering any dwelling or building illegally with the intent to commit a felony or crime. Burglary laws vary by state. Depending on the seriousness of the offense, it can be classified into different degrees. Degrees of burglary are defined by each state's laws.

Child Abuse also called Child Maltreatment is the physical and/or psychological/emotional mistreatment of children. Physical or sexual abuse are the most obvious types of abuse, since they often leave physical evidence behind but emotional abuse and neglect are also serious types of child abuse. Child Abuse is enforced by international, federal, state and local laws.

Child Pornography is defined as the visual depiction of minor children under the age of 18 engaging in sex acts such as sexual intercourse, masturbation or oral sex and photographs or depictions of children’s genitalia. The law prohibits any form of distribution, possession, trafficking or production of such materials. Laws governing this area of practice are enforced by international, federal and state laws.

Computer Crimes are defined as illegal activities carried out on or by means of a computer. Computer crime includes criminal trespass into another computer system, theft of computerized data, and the use of an on-line system to commit or aid in the commission of fraud. Computer Crime Laws include the use of Internet and Cyberspace to commit or conduct criminal activities. Illegal activities include hacking, spamming, identify theft, fraud, child pornography, cyber terrorism and espionage to name a few.

United States Controlled Substances Law is enforced by the Drug Enforcement Administration. The DEA deals with the arrest of members of organizations involved in the growing, manufacturing, trafficking or the distribution of controlled substances such as chemicals, drugs, or compounds of which the use and/or purchase is illicit.

Credit Card Fraud is a kind of fraud committed to make purchases using someone else’s credit card or credit card number with the intent to defraud. Common forms of credit card fraud include counterfeiting credit cards, using lost or stolen cards, and fraudulently acquiring credit cards through the mail. Credit card fraud is also related to identity theft.

Criminal Law or penal law, involves prosecution by the government of a person for an act that has been classified as a crime. It is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. There are four theories of criminal justice: punishment, deterrence, incapacitation, and rehabilitation. It is believed that by imposing sanctions for the crime, society can achieve justice and a peaceable social order.

Criminal Defense Law is defined as the prosecution by the state and federal government as well as international courts of law of a person or business for an act that has been classified as a crime.

Drug Crimes and Charges Law deals with all state, federal and international laws that govern the use, penalties, restrictions and regulations that apply to drug possession, trafficking, distribution and manufacturing.

Driving under the influence of alcohol (driving while intoxicated, drunk driving, drinking and driving, drink-driving) or other drugs, is the act of operating a motor vehicle (and even a bicycle, boat or horse in some jurisdictions) after having consumed alcohol, to the degree that mental and motor skills are impaired. It is a crime or offense in most countries around the world.

A type of financial fraud, Embezzlement consists of the misappropriation or secreting of financial assets. This offense is usually executed by one or more individuals to whom the assets have been entrusted.

Expungement is defined as the sealing of a criminal record. Requests for Expungement are enforced by Federal and State Laws; regulations and expunction procedures vary according to the Criminal Code of each State.

Identity Theft sometimes called Identity Fraud occurs when someone wrongfully obtains and uses another person's identifying information like the person’s name, social security number or credit card number, without permission, usually for financial gain. Identity theft is the fastest growing crime in North America.

Internet and Cyberspace Crime Law deals with all aspects of crimes committed via the Internet and the legal authorities who enforce these laws. This area of law is regulated by international as well as United States federal and state laws. You can find additional information regarding this area of practice in our Computer Crimes Section

The most common white-collar offenses include: antitrust violations, computer and internet fraud, credit card fraud, phone and telemarketing fraud, bankruptcy fraud, healthcare fraud, environmental law violations, insurance fraud, mail fraud, government fraud, tax evasion, financial fraud, securities fraud, insider trading, bribery, kickbacks, counterfeiting, public corruption, money laundering, embezzlement, economic espionage and trade secret theft. According to the federal bureau of investigation, white-collar crime is estimated to cost the United States more than $300 billion annually.