Battery Law


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Battery Law



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Battery is the willful or intentional act of making harmful or offensive contact with a person against that person’s will, or making contact with the victim by an object or substance put in motion by the offender. The contact does not have to cause injury to be considered battery. In most jurisdictions, the only requirements are that the contact be offensive or inappropriate, and that the offender had intention to make the contact.

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

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

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