Business, Legal & Accounting Glossary
A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how severe the injury. A fist fight is a common battery; being hit by a wild pitch in a baseball game is not.
A battery is the application of force to another person without consent (see: Offences against the person). Battery is also actionable in tort: see Trespass to the person.
n. the actual intentional striking of someone, with intent to harm, or in a “rude and insolent manner” even if the injury is slight. Negligent or careless unintentional contact is not battery no matter how great the harm. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. It is often coupled with “assault” (which does not require actual touching) in “assault and battery.
Battery is a criminal charge resulting from unlawful physical contact against another person. Common types of battery include punching a person, striking them with an object or grabbing someone’s arm. Simple battery results in minor injuries while aggravated battery is more severe. Common types of aggravated battery include hitting someone with a dangerous object, shooting someone or battery against a protected class such as a police officer, healthcare provider, social services worker or elderly person.
To prove aggravated battery the prosecution must prove the defendant intentionally applied physical force upon the victim, the attack was committed with a deadly weapon or the person suffered serious physical injury or temporary disfigurement. Penalties for battery are determined by jurisdiction and can be considered a misdemeanor or felony charges. If you have been arrested and charged with battery you need to talk to a criminal lawyer.
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This glossary post was last updated: 26th April, 2020 | 6 Views.