Criminal assault is a specific intent crime. In some states, aggravated battery can be charged only if the intent to do serious bodily harm can be proven. Battery: Definition. She quickly identified her attacker as boyfriend, Chris Brown. The perpetrator of a specific intent crime commits an act with a specific intent. The contact does not have to be violent for the crime of battery to take place, it can be merely any offensive touching. John is arrested and charged with battery, and, in addition to the criminal case, Mark sues John in civil court for medical expenses. Battery is not defined in the Canadian Criminal Code. John and Mark are embroiled in the above argument, whereupon John threatens to break Mark’s nose. In 2009, police were dispatched to a home in Los Angles where they found the famous pop star Rihanna, suffering from visible injures. Battery is any unlawful offensive physical contact with another person, with or without his or her consent. 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. 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. Sexual battery can occur while the victim is clothed, as well as unclothed. Understanding Organized Crime and the RICO Act, An Overview of the 'Castle Doctrine' and 'Stand Your Ground' Laws, What Is Chain of Custody? John is charged with assault, even though he failed to carry out the threat, and so there was no actual bodily harm. John becomes angry with Mark over the $100 that Mark owes him. There are three basic elements of battery that are generally consistent among most jurisdictions in the U.S.: The laws regarding battery vary from state to state, but many jurisdictions have different classifications or degrees of the crime of 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. It is common for the courts to require the perpetrator of sexual battery to register with the sex offender registry in their state. His time spent in prison did not reform him, however. The FBI returned fire, killing Dillinger. 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. This includes a loss of a limb, burns resulting in permanent disfigurement, and the loss of sensory functions. While the United States Supreme Court held that a conviction under Florida’s simple battery statute was not a crime of violence, the Eleventh Circuit held that the second element of the Felony Battery statute brought it within the purview of the crime of violence definition. For example, a person who is mentally handicapped, or under the influence of drugs or alcohol, cannot give consent for legal purposes. Origin: 1531 Anglo-French baterie, from batre to beat. Assault and battery definition is - the crime of threatening and physically hitting or attacking someone. v. Varsity Brands, Inc. Offensive physical contact with the victim by the defendant, The defendant’s knowledge that the action would result in offensive contact, Whether a weapon was used during the crime, Relationship between perpetrator and victim, He or she submitted to the touching only because of the perpetrator’s use of force, threat, or coercion, He or she verbally expressed refusal or rejection, He or she expressed refusal or rejection through physical conduct, such as resisting physically, He or she consented only as a result of the perpetrator’s deception about their identity or purpose. A judge may also order the offender to seek rehabilitation through a mental health program, or to complete a sexual offender course. The defendant is aware that their actions will result in offensive touching. 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. Penal Code 242 PC – The Crime of "Battery" Under Penal Code 242 PC, California law defines battery as “any willful and unlawful use of force or violence upon the person of another.” The offense can be charged even if the victim does not suffer an injury or any pain. To explore this concept, consider the following battery definition. 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. When the red light comes on, you should recharge the battery. Aggravated battery is also charged in cases involving the use of a deadly weapon, or injury to a child, woman, elderly victim, or police officer. 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. 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. battery in Crime topic. 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. The punishments range from fines to jail time, but more severe penalties may also be ordered for this crime. Each state has specific statues that govern battery. In addition to robbing banks, the group performed jailbreaks. John becomes angry with Mark over the $100 that Mark owes him. Caused by a violation of NRS 453.3325. Ê The unlawful killing may be effected by any of the various means by which death may be occasioned. Simple battery is a misdemeanor, whereas aggravated battery is generally categorized as a felony. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. What is Battery? Battery is a criminal offense which involves unlawful physical contact. By contrast, civil battery requires only that the perpetrator had intent to perform the act that resulted in injury or harm. Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud. Like other types of battery, the penalties for sexual battery vary depending on the state and the severity of the crime. Grabbing someone’s arm, pushing or punching a person or striking a victim with an object all are crimes of battery. State Assault and Battery Laws Assault and battery have typically been treated as separate, but related, crimes. 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. n. the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. Battery Law and Legal Definition. Facing criminal battery charges, as well as charges for murder, robbery, assault, and more. There may be other criminal charges that apply, but probably not criminal 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. Battery and assault are often lumped together, but there are distinct differences between assault and battery. The law considers an assault and battery to be an invasion of the personal security of the victim for which the wrongdoer is required to pay for damages. The battery is not criminal unless willful intent to inflict an injury or another unlawful act on the victim exists. One example might be when a doctor performs a procedure without the consent of the patient. 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. The specific intent for assault is the attempt to commit a battery. Many states use the term interchangeably with other terms like assault, battery, and domestic violence. (a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. The key to this defense is that the self-defense was reasonable. Such contact does not include penetration, as penetration elevates the crime from sexual battery to rape. 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. The elements of battery as a criminal offense differ slightly than those of civil battery, the difference often being intent. In most instances, battery will result in misdemeanor criminal charges. Instead, the Code has an offense of assault, and assault causing bodily harm. Criminal assault is an incomplete or attempted battery. In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm. On occasion, a sexual offender will claim that the victim gave consent. 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 some states, battery is called assault. Criminal battery is a very broad term for a classification of offensive physical contact. In criminal law the elements of battery are physical contact that causes harm or offensive contact without that person's consent. In order to qualify as a criminal battery, law enforcement must first show that a battery occurred. 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. However, historically, assault and battery were two different crimes. Massachusetts has recently enacted assault and battery on a household member. Battery battery n [Old French batterie beating, from battre to beat, from Latin battuere]: 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 aggravated battery: criminal battery that is accompanied by aggravating factors: as Dillinger hid from law enforcement officials. Simple battery generally includes all forms of contact that are non-consensual, harmful or insulting. 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. Definition and Elements of the Crime. Committing battery against a police officer, teacher, or other person of authority may result in stiffer penalties. Lack of consent is crucial to charges of sexual battery. The attorney can also ensure the defendant’s rights are not violated during the investigation and trial process. The two get into an argument that leads to John punching Mark in the face, breaking his nose. While each state has different statues specifying rules for charging a person with battery, some elements of battery are constant throughout the United States: Once the elements of battery have been established, battery is classified into one of two categories: simple or aggravated. 1. The difference between battery as a crime and battery as a civil tort is merely in the type of intent required. Self-Defense: If a defendant can prove that bodily harm inflicted on the victim was a result of the victim attempting to cause bodily harm to the defendant first and the defendant protected themselves within what would be considered reasonable, but resulted in the victim being physically harmed, then it is likely that the defendant would be innocent of criminal battery. Definition of Aggravated Battery. Dillinger was convicted of battery and intent to conspire to commit a felony, receiving two 10 to 20 year sentences. The defendant had offensive physical contact with the victim. By using ThoughtCo, you accept our, Common Defense Strategies in Cases of Criminal Battery, Brief Definitions of Common Criminal Offenses, What Is Racketeering? 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 most jurisdictions, aggravated battery requires the defendant to have had intent to cause injury or harm. an object that provides a supply of electricity for something such as a radio, car, or toy You have to take the top off to change the batteries. No Intent: Common strategies used in criminal battery cases include the most defense which is to prove that there was no intent to cause harm on the part of the defendant. John has now committed both assault and battery, and may be subject to both criminal “assault and battery” charges, and a civil lawsuit. 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. 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