In some states, sexual battery is any non-consensual touching of the intimate parts of another person, but in other states, a sexual battery charge requires actual oral, anal, or vaginal penetration. The outcome of the case can have a great impact on a person’s life, and an attorney experienced in criminal law can guide a defendant through the court process. Battery is a criminal offense which involves unlawful physical contact. Battery Law and Legal Definition. In this circumstance, the victim may need to prove that consent was not, or could not have been given. Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud. In order to qualify as a criminal battery, law enforcement must first show that a battery occurred. Until recently, our state did not have a separate crime or definition for domestic assault and battery. The crime of battery can be classified as either simple or aggravated. Simple battery is considered a misdemeanor in most states, but aggravating circumstances can cause battery to fall under the category of a felony. Battery is the intentional and offensive or harmful contact with another person. When a person commits the act of battery, they run the risk of facing both civil and criminal liability, even if they have committed just the one act. The key to this defense is that the self-defense was reasonable. However, if a neighbor is cutting their grass and a rock hits the blade and spins out and hits their neighbor causing injury and pain, then there is no willful intent and there would not be grounds for a charge of criminal battery. John is arrested and charged with battery, and, in addition to the criminal case, Mark sues John in civil court for medical expenses. Brown had fled the scene before officers arrived, but he turned himself in to police the next morning, and was charged with criminal battery and making a criminal threat. Criminal battery is a very broad term for a classification of offensive physical contact. However, in some states the definition for one or both of the crimes has changed over time, and in some places the two have been combined into a single offense. The defendant had offensive physical contact with the victim. The difference between battery as a crime and battery as a civil tort is merely in the type of intent required. Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. There is a relationship between criminal battery and criminal assault. Battery is the criminal act of intentionally touching, or applying force to the body of another person in an offensive manner, covering a wide range of acts, including those of a sexual nature. The crime of Aggravated Battery is defined under Section 784.045, Florida Statutes.Under the law, Aggravated Battery occurs where a defendant intentionally touches or strikes another person and, in doing so: Since an assault is the threatening of harm, and a battery is the actual act of harm, the two crimes … Battery law in the US can be the simple or criminal battery. One element of sexual battery is that the touching occurs for the purpose of sexual arousal or gratification. However, historically, assault and battery were two different crimes. Appropriate legal representation may also help the defendant reach a plea agreement with the prosecutor, exchanging a plea of guilty to a lesser charge for a more lenient sentence. For example, a person who is mentally handicapped, or under the influence of drugs or alcohol, cannot give consent for legal purposes. Dillinger hid from law enforcement officials. Any reasonable threat to a person is assault while battery is defined as use of force against another with intent of causing physical harm without his consent. Mark becomes fearful of the potential for such injury, the men begin fighting, and John does indeed punch Mark in the face, breaking his nose. Caused by a controlled substance which was sold, given, traded or otherwise made available to a person in violation of chapter 453 of NRS; or. Battery is considered an intentional tort, even if the perpetrator had no intent to cause injury, he had knowledge that his act could result in harm to another person. In most instances, battery will result in misdemeanor criminal charges. Aggravated battery is when violence against another person results in serious bodily injury or disfigurement. The minimum penalty often includes fines and community service, while the most severe penalties for battery may include incarceration. v. Varsity Brands, Inc. There may be other criminal charges that apply, but probably not criminal battery. For instance, merely hitting someone in the arm can result in a fine or probation, but throwing a rock at someone’s face, causing permanent disfigurement can result in several years of prison time. Battery consists of intentionally touching or applying force to another, while assault is merely threatening battery or causing another person to fear they will be harmed. Battery Battery is, in many ways, the completion of an assault. For example, if a man rubbed up against a woman on a crowded subway in a way that the woman felt was sexual in nature, the defense could be that the man did not intend to rub up against the woman and only did so because he was pushed by the crowds. For example, if two women were riding on a bus and one woman began harassing the other woman and then began hitting the woman in an effort to steal her purse, and the woman reacted by punching the attacking woman in the nose, causing her nose to break, then the woman that was first attacked used reasonable self-defense measures and would likely not be found guilty of criminal battery. Battery: Definition. A person is considered to            have been subjected to sexual battery without consent when: The law states that if a person is not willing or able to give consent, the act is considered forced. When sentencing someone for battery, the judicial system often considers certain factors including: Regardless of the circumstances or exact battery charge, a charge of battery on a person’s criminal record often has a lasting negative effect on their future endeavors. Dillinger was convicted of battery and intent to conspire to commit a felony, receiving two 10 to 20 year sentences. When he was just 18 years old, John Dillinger attempted to rob a grocer. Consent: If consent can be proven, sometimes referred to as mutual combat defense, then the victim may be considered as being equally responsible for any injuries that resulted. 3. John becomes angry with Mark over the $100 that Mark owes him. Because battery is an intentional tort, the victim can file a civil lawsuit against the perpetrator for monetary damages, regardless of the outcome of a criminal trial. The crime of battery is conduct that results in actual offensive or injurious contact between a perpetrator and a victim – though it does not have to cause an injury or leave any visible marks. 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. (In many modern criminal codes, the definition of "assault" may also encompass "battery," or harmful contact; more on this later.) Battery is the criminal act of intentionally touching, or applying force to the body of another person in an offensive manner, covering a wide range of acts, including those of a sexual nature. Criminal battery charges may be misdemeanor or felony charges, depending on the specifics of the crime. Sexual battery can occur while the victim is clothed, as well as unclothed. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. Negligent or careless unintentional contact is not battery no matter how great the harm. The FBI returned fire, killing Dillinger. Based on the United States legal system, criminal battery, or simply battery, is the use of force against another individual which directly results in offensive or harmful contact. Each state has specific statues that govern battery. During one of the jailbreaks, a sheriff was killed and, in another, two guards were injured. A charge of battery may rise to that of “aggravated battery” if the victim’s injuries are severe, such as causing permanent scarring or disfigurement, or loss of limb. By contrast, civil battery requires only that the perpetrator had intent to perform the act that resulted in injury or harm. In an effort to cut down on domestic violence, many states have passed family-violence battery laws, which require that cases of family violence be adjudicated whether the victim decides to "press charges" or not. 1. Caused by a violation of NRS 453.3325. In most cases, assault is followed by battery, which may result in multiple charges, such as “assault and battery” charges. In criminal law the elements of battery are physical contact that causes harm or offensive contact without that person's consent. Some states still keep them separate. Criminal Battery. It just fell within the normal assault and battery statute. Unlike the crime of assault, battery requires that actual contact is made, while assault charges can be brought with only the threat of violence. Definition and Elements of the Crime. Assault Examples Throughout his crime spree, Dillinger injured many other people. Battery is a type of criminal charge that involves the unauthorized application of force against another person’s body, which results in offensive touching or actual physical injury. To explore this concept, consider the following battery definition. This threat causes Mark to fear he will be harmed. Legal Definition of battery : the crime or tort of intentionally or recklessly causing offensive physical contact or bodily harm (as by striking or by administering a poison or drug) that is not consented to by the victim — compare assault In an act of physical violence by one person against another, "assault" is usually paired with battery. The battery is not criminal unless willful intent to inflict an injury or another unlawful act on the victim exists. Battery is defined as the offensive touching or intentional use of force or violence upon another person. Simple battery is a misdemeanor, whereas aggravated battery is generally categorized as a felony. In some states, battery is called assault. Since criminal statutes do vary from state to state, and every state has its own statutory definition of assault as a crime, there is bound to be some slight variation from the definition set out above. The two get into an argument that leads to John punching Mark in the face, breaking his nose. This includes any contact that results in injury or non-injury to the victim. The crime of battery is the intentional touching of another in an angry manner, or the intentional use of force or violence against another. Definition of Aggravated Battery. When the red light comes on, you should recharge the battery. Domestic battery refers to the crime of committing battery or bodily harm upon a spouse, domestic partner, or other family member of individual living in the same home. Simple battery generally includes all forms of contact that are non-consensual, harmful or insulting. Battery is not defined in the Canadian Criminal Code. By using ThoughtCo, you accept our, Common Defense Strategies in Cases of Criminal Battery, Brief Definitions of Common Criminal Offenses, What Is Racketeering? In addition to robbing banks, the group performed jailbreaks. In tort law, the intentional causation of harmful or offensive contact with another's person without that person's consent. 1. John becomes angry with Mark over the $100 that Mark owes him. Committing battery against a police officer, teacher, or other person of authority may result in stiffer penalties. A judge may also order the offender to seek rehabilitation through a mental health program, or to complete a sexual offender course. Sexual assault is the attempted rape or sexual touching of another person without consent. Actual, intentional and unlawful touching or … battery in Crime topic. The classification of battery as “simple” refers to unauthorized contact with, or use of force against, another person which results in offensive touching or physical injury. In some states, aggravated battery can be charged only if the intent to do serious bodily harm can be proven. However, while some states use the term “sexual battery” to describe sexual touching of a criminal nature, other states use the term to refer to the more serious sex crimes of rape or forced penetration. Understanding Organized Crime and the RICO Act, An Overview of the 'Castle Doctrine' and 'Stand Your Ground' Laws, What Is Chain of Custody? Battery is often confused with assault which is threatening battery. 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