what is battery law

What is Battery Law? Battery law deals with theconsequences of touching another person in a harmful or offensive manner. The act of battery is both a crime and a tort, meaning the government can seek to convict offenders and have them punished, and victims can bring private lawsuits to collect monetary damages.

Table of Contents

What constitutes battery in law?

Therefore,when we break down the elements of battery we find that:The battery must include contact.The contact must be intentional,nonconsensual.The contact must also be either harmful OR offensive.The contact must be by one person to another person. [1]

Is battery a civil or criminal offense?

The battery is a kind of trespass to the person, and therefore it can be either criminal offense or civil offense or both. Civil Battery (Tort) The battery is considered as civil wrong when, it is done with intent but the wrongdoer or perpetrator does not have any specific injury to cause it to someone, but he had the knowledge about the fact that his act would certainly lead to injury to someone.

What is battery legal definition?

In criminal law, battery is defined as any physical act that results in harm or offense to another person without their consent. In tort law, battery is defined as an intentional physical act that results in harm to another person without their consent.

Which action constitutes battery?

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. In most cases, assault is followed by battery, which may result in multiple charges, such as “assault and battery” charges.

What does prima facie mean in court?

Prima facie is a Latin phrase meaning "at first appearance.". It refers to the basic elements that must be established in order for a case to stand. If the government or a tort plaintiff cannot prove the prima facie elements of battery, then the case against the defendant will be thrown out of court.

What are the defenses in prima facie cases?

Once a prima facie case has been established, the defendant will have an opportunity to present defenses in order to justify or excuse the battery. Consent of the victim is perhaps the most common defense in these cases. A victim can expressly consent, by signing a waiver prior to engaging in a dangerous sport, for example. Consent can also be implied from the victim’s conduct. For instance, throwing a snowball at the defendant may be construed as giving implied consent to have a snowball thrown back. Additional defenses include privilege, necessity, self-defense, and the defense of other people or property.

What happens if a defendant strikes the victim in the nose?

If the defendant follows through and strikes the victim in the nose, he is guilty of both assault and battery. Conversely, if the defendant raises his first as though to strike the victim in the back of the head (without the victim’s awareness), he has committed neither assault nor battery. If he follows through and strikes the victim in the back of the head, he has committed battery only.

What is the element of causation?

Finally, the element of causation simply requires that the victim’s injury can be traced back to the defendant’s actions. The element of causation rules out cases involving odd factual scenarios, like when the defendant accidently sets in motion an unlikely chain of events that culminates in a battery.

What is battery law?

Battery law deals with the consequences of touching another person in a harmful or offensive manner. The act of battery is both a crime and a tort, meaning the government can seek to convict offenders and have them punished, and victims can bring private lawsuits to collect monetary damages. The crime of simple battery is typically charged as …

What is considered indirect contact in a criminal case?

This includes anything attached to the victim, such as clothing or a backpack. Indirect contact will also qualify. With respect to the third element, the defendant must only have had a general intent to make contact with the victim. There is no need to prove a specific intent to cause harm.

What is a token in a battery case?

For example, a person who spit on someone has committed a battery, even if the person spit upon did not suffer any physical, financial, or emotional harm. Courts in such cases often award nominal or "token" damages, as well as punitive damages meant to punish the defendant, rather than to compensate the victim.

What can we do for you?

For more information on this topic, we invite you to contact us. Request a professional consultation with any of our criminal defense attorneys and we will be happy to assist you.

What is a battery causing serious bodily injury?

Battery causing serious bodily injury PC 243 (d). Inflicting physical damage on the accused’s spouse or intimate partner. It is considered a serious crime.

What is PC 243?

Serious bodily injury – PC 243 (d), is another type of crime related to bodily assault.

What is battery in California?

Battery is described in California Penal Code 242 PC. It is also known by the name of simple aggression. For this reason, state laws charge it as a punishable misdemeanor. It consists of the intentional and illegal use of physical force or violence against another person.

What is battery in law?

An important aspect to consider and to understand what is battery in law is that to constitute the crime of battery, the prosecutor must prove intent. Since it could be an accidental action mistaken by the victim for a deliberate action, there is room for appropriate defense.

How long is a felony injury in prison?

If you are charged with a felony injury, the punishment is greater. The crime is punishable by up to 16 months, two years, or three years in a state prison. This crime is also aggravated when the victim is a public servant.

How long is a violent assault sentence in California?

Violent assault judged as a simple crime carries prison terms and a fine. California Penal Code 242 sanctions you with: Up to six months in prison in a county jail and / or; Fine of up to $ 2000. Ban on firearms for up to 10 years.

What are the legal issues?

Related Legal Terms and Issues 1 Misdemeanor – A minor wrongdoing that, in the United States, is considered a non-indictable offense, and regarded as less serious than a felony. 2 Aggravating Circumstances – Any circumstance related to the commission of a crime, which increases the crime’s severity. Aggravating circumstances often garner more severe punishments. 3 Lesser Charges – A lesser charge, or included offense, shares some elements of the main charge or greater criminal offense. For example, sexual battery is a lesser included offense of rape, and manslaughter is a lesser included offense of murder. 4 Lenient Sentence – Showing mercy in the sentencing an offender for a lighter sentence. This is often seen in plea bargains. 5 Monetary Damages – Money ordered by the court to an individual as compensation for injury or loss that was caused by the wrongful conduct of another party. 6 Rehabilitation – To restore someone to good health, mentally or physically.

What is simple battery?

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. 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. 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. In most jurisdictions, aggravated battery requires the defendant to have had intent to cause injury or harm.

What is aggravated 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. In most jurisdictions, aggravated battery requires the defendant to have had intent to cause injury or harm.

How old was John Dillinger when he attempted to rob a grocer?

John Dillinger. When he was just 18 years old, John Dillinger attempted to rob a grocer. Dillinger was convicted of battery and intent to conspire to commit a felony, receiving two 10 to 20 year sentences. His time spent in prison did not reform him, however.

What are the consequences of domestic battery?

Domestic battery charges may result in serious consequences in addition to criminal conviction, including the issuance of a restraining order, and the loss of custody and visitation of the perpetrator’s children.

What are the two categories of batteries?

Classifications of Battery. Once the elements of battery have been established, battery is classified into one of two categories: simple or aggravated. Most commonly, battery takes place in the form of physical altercations, but in unique instances, other circumstances can bring about a charge of battery.

What are the elements of battery?

While each state has different statues specifying rules for charging a person with battery, some elements of battery are constant throughout the United States: Offensive physical contact with the victim by the defendant. The defendant’s knowledge that the action would result in offensive contact.

Is There Any Difference Between Criminal Battery And Civil Battery?

To reiterate, the determining difference between criminal battery and civil battery is the defendant’s intent. The defendant must have intended to cause harm to the victim, in order to be charged with criminal battery; alternatively, civil battery requires that the defendant only intended to perform the act, which then caused injury or harm. Another way of putting it is that civil battery is an intentional tort; although the defendant may not have intended to cause injury to the plaintiff , they still had the knowledge that the specific act could result in harm to the victim.

Are There Any Defenses To a Battery Charge?

Available legal defenses for a battery charge will vary, generally based on whether the claim of battery is being pursued with a civil lawsuit or as a crime. Each state has its own laws associated with battery. However, some general defenses that are used for battery cases include:

Do I Need An Attorney For Battery Charges?

If you are being accused of battery, you should consult with an experienced and local criminal lawyer as soon as possible. A local criminal defense attorney will be best suited to helping you understand your rights and legal options according to your state’s specific laws.

What is the difference between assault and battery?

However, many people don’t understand the distinction between assault and battery. An assault only involves the threat of harm, whereas battery requires actual physical contact between the assailant and the victim.

How long is battery in jail?

This means that battery is usually punishable by criminal fees and/or actual time spent in jail (usually less than one year). More serious forms of battery, or repeat instances of battery may result in more serious legal consequences, and can often result in felony charges instead of simple misdemeanor charges.

What are some examples of felony battery?

Examples of felony battery include battery against a woman, child, or police officer, and battery that involves the use of a deadly weapon. Find the Right Criminal Lawyer. Hire the right lawyer near your location. Find My Lawyer Now!

What is battery charge?

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. In most instances, battery will result in misdemeanor criminal charges.

What is the punishment for battery?

A defendant sued for a tort is civilly liable to the plaintiff for damages. The punishment for criminal battery is a fine, imprisonment, or both. Usually battery is prosecuted as a crime only in cases involving serious harm to the victim.

What is battery law?

Battery. At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. Battery is concerned with the right to have one’s body left alone by others. Battery is both a tort and a crime. Its essential element, harmful or offensive contact, is the same in both areas of the law.

What are some examples of battery contact?

Examples include spitting in someone’s face or offensively touching someone against his or her will.

What does it mean to touch someone?

Touching the person of someone is defined as including not only contacts with the body, but also with anything closely connected with the body, such as clothing or an item carried in the person’s hand. For example, a battery may be committed by intentionally knocking a hat off someone’s head or knocking a glass out of some-one’s hand.

What are the elements of a battery case?

Elements. The following elements must be proven to establish a case for battery: (1) an act by a defendant; (2) an intent to cause harmful or offensive contact on the part of the defendant; and (3) harmful or offensive contact to the plaintiff. The Act The act must result in one of two forms of contact. Causing any physical harm or injury …

What is the act of battery?

The Act The act must result in one of two forms of contact. Causing any physical harm or injury to the victim—such as a cut, a burn, or a bullet wound—could constitute battery, but actual injury is not required.

Is aggravated battery a felony?

When a battery is committed with intent to do serious harm or murder, or when it is done with a dangerous weapon, it is described as aggravated. A weapon is considered dangerous whenever the purpose for using it is to cause death or serious harm. State statutes define aggravated battery in various ways—such as assault with intent to kill. Under such statutes, assault means both battery and assault. It is punishable as a felony in all states.

What does severity mean in a crime?

Severity in this regard simply quantifies how much damage was delivered to the victim as a result of the violent action. Furthermore, the penalties attached to the crime will be more severe if the assailant used a deadly weapon to precipitate their violent action.

What is considered a felony battery?

The physical contact must be delivered in a violent manner without the victim’s consent. When this action is done with a violent weapon, the act is considered felony battery.

What is a battery?

Battery is a criminal offense which involves unlawful physical contact. 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.

What is a criminal attorney?

A criminal attorney is well-versed in the varied interpretations of a jurisdiction or locality. As a result of this knowledge, a criminal attorney will be able to review all the pertinent facts and the evidence in your case to deliver a suitable argument in the hopes of reaching a favorable settlement.

Is battery a misdemeanor?

The actor willingly intends or knows that his or her violent action will cause harm or damage. At the common law level, battery is regarded as a misdemeanor.

Is battery a statute?

Battery is governed by statute and interpreted differently based on State law. As a result, the code number attached to the crime will vary based on where the harmful contact took place. In general, there are specific rules regarding battery. Although these rules vary depending on the relevant jurisdiction, some of the elements remain constant.

What is the defense of bodily harm?

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. The key to this defense is that the self-defense was reasonable.

What are the elements of battery?

There are three basic elements of battery that are generally consistent among most jurisdictions in the U.S.: 1 The defendant had offensive physical contact with the victim. 2 The defendant is aware that their actions will result in offensive touching. 3 There was no consent from the victim.

What is family violence battery?

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.

What happens if a neighbor throws a rock at another neighbor?

For example, if a neighbor becomes angry at another neighbor and purposely throws a rock right at the neighbor resulting in injury and pain, then throwing the rock could result in criminal battery charges. 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, …

What is sexual battery?

Sexual Battery. 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.

What is the most common defense used in criminal battery cases?

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.

What is mutual combat defense?

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.

Leave a Reply