What is Battery Law? Battery can be both a criminal and a civil wrong, remedied by criminal punishment and/or civil damages. Defenses to battery include: consent, such as those individuals involved in sporting events; privilege, such as a police officer while performing a lawful arrest; self-defense, where a person uses reasonable force to protect himself from bodily harm; defense of others, similar to self-defense, but used to protect another, such as a family member; voluntary combat, where the parties mutually agree to engage in a fight; defense of property, where a person is trying to protect his own property from damage or theft; discipline, where a person is legally authorized to apply physical restraint or battery for disciplinary purposes; and merchant’s privilege, where a merchant has the right to use reasonable force to detain shoplifters.
Battery is generally associated with assault, and they are often charged together against a suspect. But in many jurisdictions, they are distinct crimes, and while it is possible to be charged with only assault, anyone charged with battery must also be guilty of assault. In other states, the laws do not differentiate between assault and battery when the physical contact has occurred, and the assault becomes a lesser included offense of battery, meaning that the assault merges into battery and the suspect may be convicted of one or the other, but not both crimes.
To consult State Legislation regarding battery laws and regulations please see the Criminal Code by State page. Visit Us at Google+ Copyright HG.org
Battery Law - US
- Battery - Definition
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.
- Battery - Overview
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.
- California Penal Code § 243 - Battery
Punishment for battery generally.
- Difference between Assault and Battery
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.
- Florida Statutes - Title XLVI - Chapter 784 - Assault; Battery; Culpable Negligence
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.
Battery Law - Europe
- Crime Victims in the European Union
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.
- Offences Against the Person Act 1861 - Assault and Battery
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 Law - International
- Criminal Code of Canada - Part VIII Offences Against the Person and Reputation
- Russian Criminal Code - Chapter 16, Article 116 - Battery
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.
Organizations Related to Battery Law
- Legal Options for Victims - Victim Rights Law Center
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)
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.
- The Survivors Club - Assault and Battery Support Center
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.
Publications Related to Battery Law
- Battery (Crime) - International Information on Assault and Battery
- Domestic Violence & The Courtroom Understanding The Problem... Knowing The Victim - Battered Women Syndrome
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 on HG.org Related to Battery Law
- Criminal vs. Civil ChargesA cab driver was taken to the hospital after being assaulted and battered by a customer who didn’t want to pay his fare. According to reports, the driver of the cab had just finished dropping off four customers when one of the customers pulled a handgun and used it to strike the cab driver in the head.
- The Violence Against Women Reauthorization Act and Violence Against MenLast week, the Violence Against Women Reauthorization Act was reintroduced by the U.S. Senate Judiciary Committee Chairman Patrick Leahy, a Democrat, and Sen. Michael Crapo, a Republican. This act continues and expands upon the 1994 landmark law, the Violence Against Women Act, which combatted domestic violence, sexual abuse, and stalking by authorizing services such as shelters and legal assistance for victims and survivors of abuse.
- What Protective Orders Can and Cannot Do in MarylandProtective orders might help you feel a little more safe and secure, but ultimately any protective order is a legal document. If you are in danger, removing yourself from the situation and seeking protection, may be the best bet.
- How Does Domestic Violence Affect Custodial Rights to Children in California?Domestic violence is being referred to as an epidemic in the United States, and more than three million children witness acts of domestic abuse every year. Domestic violence is emotionally scarring for victims, especially when children are involved. It is important for anyone involved in a family law case to understand the implications of domestic violence and how it affects child custody in California.
- Expungement of Petty Theft Conviction a Mistake, Although Defendant Consequently Faces DeportationIn 2011, he again attacked his 1997 petty theft conviction, by way of an “invitation” that the court dismiss the judgment of conviction under Penal Code § 1385. It merits mention parenthetically that only prosecutor can move to dismiss a case under section 1385. Thus, a defendant must instead “invite” the judge to exercise his discretion under 1385 to dismiss the case.
- Breach of Intervention Order or Family Violence Order in VictoriaBreaching an intervention order? If you live in the state of Victoria (Australia), breaching a condition of an intervention order could land you in prison for more than a year. So, how do you fight the breaching intervention order charges in Court? Read on to know the possible defenses.
- What is Assault (Penal Code § 240)?Assault is a crime that often seems hollow because no one is physically injured, although no prosecutor would so characterize it.
- Divorce in IsarelWhile in most western countries the authority to judge matters relating to separation and Divorce is in the hands of the Family Court, in Israel there are two parallel instances who are authorized to judge issues involving divorce between a Jewish couple;
- The Rabbinical Court – Different From What You ThinkMany people are of the opinion that the Rabbinical Court is a dull and drab institution where the people there are caught up in antiquated chauvinistic, anachronistic ways of the thinking. I often hear people, who are widely considered wise and expert in this matter, expressing this opinion in the media, and in the general environment where I live and conduct my legal practice.
- Domestic Violence and DivorceIf you have been the victim of domestic violence in a marriage, it is time to seek an out. Be sure you take the necessary precautions before telling your spouse you want a divorce, however. Violence is the reason stated for one in five divorces. According to the Department of Justice, domestic violence affects more than 10% of the U.S. population or approximately 32 million individuals.
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