Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud. (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. Dillinger hid from law enforcement officials. 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. His time spent in prison did not reform him, however. Interestingly, it does not mean what you think. The attorney can also ensure the defendant’s rights are not violated during the investigation and trial process. battery. The crime of battery is the intentional touching of another in an angry manner, or the intentional use of force or violence against another. Simple battery generally includes all forms of contact that are non-consensual, harmful or insulting. 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. 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. 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. 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. One element of sexual battery is that the touching occurs for the purpose of sexual arousal or gratification. Negligent or careless unintentional contact is not battery no matter how great the harm. 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. Committing battery against a police officer, teacher, or other person of authority may result in stiffer penalties. In most instances, battery will result in misdemeanor criminal charges. 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. 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. To explore this concept, consider the following battery definition. The defendant is aware that their actions will result in offensive touching. Instead, the Code has an offense of assault, and assault causing bodily harm. 1. Definition and Elements of the Crime. Battery law in the US can be the simple or criminal battery. n. the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. It is common for the courts to require the perpetrator of sexual battery to register with the sex offender registry in their state. John and Mark are embroiled in the above argument, whereupon John threatens to break Mark’s nose. 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. Origin: 1531 Anglo-French baterie, from batre to beat. In some states, aggravated battery can be charged only if the intent to do serious bodily harm can be proven. 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. 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 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. (adsbygoogle = window.adsbygoogle || []).push({}); Star Athletica, L.L.C. The battery is not criminal unless willful intent to inflict an injury or another unlawful act on the victim exists. battery in Crime topic. Criminal assault is a specific intent crime. 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. A battery is any: a. Willful and unlawful use of force or violence upon the person of another; or b. 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. In other words, assault is the attempt to commit 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: Once the elements of battery have been established, battery is classified into one of two categories: simple or aggravated. Battery under California Penal Code Section 242 PC is a frequently-filed criminal offense that involves any intentional and unlawful physical contact on … In most jurisdictions, aggravated battery requires the defendant to have had intent to cause injury or harm. Battery is not defined in the Canadian Criminal Code. The elements of battery as a criminal offense differ slightly than those of civil battery, the difference often being intent. This includes any contact that results in injury or non-injury to the victim. For example, if two men get into an argument in a bar and agree to "take it outside" to fight it out, then neither man can claim that their injuries were a result of criminal battery if they both agreed to participate in what could be viewed as a fair fight. 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. 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. Simple battery is a misdemeanor, whereas aggravated battery is generally categorized as a felony. The contact does not have to be violent for the crime of battery to take place, it can be merely any offensive touching. In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person's consent.2. However, historically, assault and battery were two different crimes. Many states use the term interchangeably with other terms like assault, battery, and domestic violence. A judge may also order the offender to seek rehabilitation through a mental health program, or to complete a sexual offender course. 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. Battery is the intentional and offensive or harmful contact with another person. Actual, intentional and unlawful touching or … 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. By using ThoughtCo, you accept our, Common Defense Strategies in Cases of Criminal Battery, Brief Definitions of Common Criminal Offenses, What Is Racketeering? Simple battery is considered a misdemeanor in most states, but aggravating circumstances can cause battery to fall under the category of a felony. There may be other criminal charges that apply, but probably not criminal 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. The penalties for battery vary greatly depending on the jurisdiction and the circumstances surrounding the case. Battery Law and Legal Definition. This then requires the perpetrator to follow specific rules, such as having his name, address, and other information on file and accessible to the authorities at all times. Battery is any unlawful offensive physical contact with another person, with or without his or her consent. Understanding Organized Crime and the RICO Act, An Overview of the 'Castle Doctrine' and 'Stand Your Ground' Laws, What Is Chain of Custody? The sex offender registry makes the information available to the public. Dillinger was convicted of battery and intent to conspire to commit a felony, receiving two 10 to 20 year sentences. Criminal battery charges may be misdemeanor or felony charges, depending on the specifics of the crime. The defendant had offensive physical contact with the victim. The determination of the amount of damages to which a victim might be entitled if a defendant is found civilly liable is usually made by a jury. What is Battery? Battery is defined as the offensive touching or intentional use of force or violence upon another person. A charge of battery is a very serious matter, and the person facing the charges should seek legal representation. 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. 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. The two get into an argument that leads to John punching Mark in the face, breaking his nose. The minimum penalty often includes fines and community service, while the most severe penalties for battery may include incarceration. 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. 1. (In many modern criminal codes, the definition of "assault" may also encompass "battery," or harmful contact; more on this later.) John is charged with assault, even though he failed to carry out the threat, and so there was no actual bodily 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. The contact does not have to be violent for the crime of battery to take place, it can be merely any offensive touching. It just fell within the normal assault and battery statute. Criminal battery is a very broad term for a classification of offensive physical contact. 3. Massachusetts has recently enacted assault and battery on a household member. On occasion, a sexual offender will claim that the victim gave consent. Sexual battery can occur while the victim is clothed, as well as unclothed. Battery: Definition. In some states, battery is called assault. The crime … Most commonly, battery takes place in the form of physical altercations, but in unique instances, other circumstances can bring about a charge of battery. Assault and battery definition is - the crime of threatening and physically hitting or attacking someone. It can be defined as the force against another person resulting in some harm or injury due to the harmful or offensive contact including sexual contact with 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. Throughout his crime spree, Dillinger injured many other people. Battery is a criminal offense which involves unlawful physical contact. One example might be when a doctor performs a procedure without the consent of the patient. 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. Caused by a violation of NRS 453.3325. The difference between battery as a crime and battery as a civil tort is merely in the type of intent required. The crime of battery can be classified as either simple or aggravated. Each state has specific statues that govern battery. In this circumstance, the victim may need to prove that consent was not, or could not have been given. This means that the perpetrator must have intended to cause harm to the victim. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. 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. At common law, the simple law includes those crimes which are less serious than a felony. John becomes angry with Mark over the $100 that Mark owes him. 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 addition to robbing banks, the group performed jailbreaks. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. Depending on the seriousness of the attack (or the dangerousness of the weapon used), these acts can rise to the level of aggravated assault. 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: 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 In criminal law the elements of battery are physical contact that causes harm or offensive contact without that person's consent. Unlike the crime of assault, battery requires that actual contact is made, while assault charges can be brought with only the threat of violence. 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. This threat causes Mark to fear he will be harmed. 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. Battery Battery is, in many ways, the completion of an assault. The punishments range from fines to jail time, but more severe penalties may also be ordered for this crime. 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