legal definition of battery

Battery is a summary offence. In accordance with the work A Dictionary of Law, this is a description of 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. The difference between battery as a crime and battery as a civil tort is merely in the type of intent required. It is often coupled with "assault" (which does not require actual touching) in "assault and battery." Battery is concerned with the right to have one's body left alone by others. Intent is not negated if the aim of the contact was a joke. attached to the person partakes of its inviolability if, therefore, A Battery encompasses conduct that results in actual offensive or harmful contact between a perpetrator and victim, which may or may not result in a bodily injury or markings. entered, is discovered subverting the soil, cutting down a tree or the like, for this purpose may use, if necessary, any degree of force short of The prima facie case for battery contains 4 components: For more on battery, see this American University Law Review article, this University of Berkeley Law Review article, and this Harvard Law Review article. 596; Hob. 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. Watchmen may arrest, and detain in prison for examination, Hale's P. C. 89. then, gently lay hands upon the plaintiff to remove him from the close and There is no requirement that the plaintiff be aware of a battery at the time it is committed. Sample 1 Sample 2 Sample 3 In tort law, the intentional causation of harmful or offensive contact with another's person without that person's consent. which might otherwise overwhelm the party, and not as a punishment or 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. Ohio assault laws include the offenses of both “assault” and “battery.” Causing or attempting to cause harm to another person or to an unborn child is an assault in Ohio. Ld. But plaintiff resists, the defendant may oppose force to force. 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 … touching him in anger, or violently jostling him, are batteries in the eye 1 Dall. Assault and Battery: deliberately making contact with someone without consent or in a way that's likely to cause physical harm. Cro. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. A battery consists of one or more electrochemical cells, which transform stored chemical energy directly into electrical energy. 62; the child its parent; 3 Salk. 13 Mass. the urgent necessity of the case dispenses with it. justice, or of a magistrate having competent jurisdiction. 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. A man may justify a A justice of the peace may generally do all acts which a The intent for criminal law is also present when the defendant's conduct is unlawful even though it does not amount to criminal negligence. Negligent or careless unintentional contact is not battery no matter how great the harm. 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 an act of physical violence by one person against another, "assault" is usually paired with battery. 342. committed. constable has authority to perform hence he may freshly arrest one who, in A battery may be justified in the exercise of an office. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. - 5. - 6. 1 14 1 Ch. 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. At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. A constable may freshly arrest one who, in, his view, has committed a Aggravated battery is battery which involves an aggravating circumstance. given, for then he might come too late, and be disabled from warding off a 1. justice or other legal tribunal 4. in aid of an authority in law; and Negligent or careless unintentional contact is not battery no matter how great the harm. Define Battery Drain. The gist of the action is the lack of consent to contact. For example: a parent may It is sufficient if the act sets in motion a force that results in the contact. Eliz. battery, may be justified. 1. Str. 15. What is a battery; 2. if the plaintiff is in the act of forcibly entering upon the land, or having Battery is concerned with the right to have one's body left alone by others. The punishment for battery (maximum 6 months imprisonment) is set out in statute under s.39 Criminal Justice Act 1988. See 1 Selw. 4. See 16 Mass. 641. - 4. A defendant who whipped a horse on which a plaintiff was riding, causing the plaintiff to fall and be injured, was found guilty of battery. the authority vested in him by the law. Skinn. R. 119 15 Battery cell means the basic electrochemical unit that provides a source of electrical energy by direct conversion of chemical energy and consists of an assembly of electrodes, separators, electrolyte, container, and terminals. his view has broken the peace; or he may order a constable at the moment to 2 Salk. - 2. In tort law, assault is considered an intentional tort. A battery may be justified in aid of an authority in law. 375. master. battery in defence of his personal property, without a previous request, if 365; and vide Cowp. BATTERY. IV. Edw. University of Berkeley Law Review article, The defendant intends to cause contact with the victim, The defendant's contact with the victim is harmful or offensive, The defendant's contact causes the victim to suffer a contact that is harmful or offensive. another forcibly attempt to take away such property. Although assault and battery are often used together or interchangeably, these two are separate crimes. Any person has a right to arrest another to prevent a felony. Criminal battery is punishable by a fine, imprisonment, or both. Rudeness; Wantonness. 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. 359, E, pl. n. the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. An Overview of Massachusetts Assault and Battery Laws When you have a question about the law, it's important to read the actual statute. 13. relation 2. in the exercise of an office; 3. under process of a court of 5. Examples of compensatory damages include damages for pain and suffering, dam… Criminal law statutes will sometimes merge the two terms of "assault" and "battery" into the one crime of "assault.". 16. Battery. It is no defense that the victim was sleeping or unconscious at the time. 642. ; Easter, 17, p. 6 and a superior officer, one under his command. R. 600. upon him, and restrain him until his anger is cooled; but he cannot strike of the law. Every person is empowered to restrain breaches of the peace, by virtue of Provided all other elements of the offense are present, the offense may also be committed by causing the victim to harm himself. P. C. 263. Even though there is no apparent bruise following harmful contact, the defendant can still be guilty of battery; occurrence of a physical illness subsequent to the contact may also be actionable. A battery is any physical contact with another person, to which that person has not consented. protection; for it is only permitted as a means to avert an impending evil, N. P. 19 Bee, 161; 1 Bay, 3; 14 John. Lev. retaliation for the injurious attempt. Instead, the Code has an offense of assault, and assault causing bodily harm. be taken, that the battery do not exceed the bounds of necessary defence and correct his child, a master his apprentice, a schoolmaster his scholar; 24 Its essential element, harmful or offensive contact, is the same in both areas of the law. 450; 46, his child, and his servant. 14. 1. And any thing the defendant's land, or having entered, is discovered, not committing Thirdly. Lastly. 11. 3 Taunt. 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. 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. Simple battery is considered a misdemeanor in most states, but aggravating circumstances can cause battery to fall under the category of a felony. 641, a previous request is unnecessary, and the defendant may necessary to repel an assault will naturally depend upon, and be Harmful or Offensive Conduct It is not necessary for the defendant's wrongful act to result in direct contact with the victim. violence, a request to depart is necessary in the first instance; 2 Salk. 2 lastly, as a necessary means of defence. A jury determines the amount to be awarded, which in most cases is based on the harm done to the plaintiff. Battery - Overview. Post Your Case - Get Answers from Multiple Criminal Defense Lawyers Last Modified: 2018-06-26 00:08:37. Intent Although the contact must be intended, there is no requirement that the defendant intend to harm or injure the victim. Definition of 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. But a request to desist should be first made, unless 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. Learn more about this and related topics at FindLaw's Criminal Law section. 37; 1 Penn. 46; and the servant his 228. b. n. 1; Id. 2. plaintiff assaults or is fighting with another, the defendant may lay hands Ow. Hence an 8 T. 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Str. In tort law, the intentional causation of harmful or offensive contact with another's person without that person's 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. 12. The terms assault and battery often go together. In other words, assault is the attempt to commit battery. Under certain circumstances consent to a battery is assumed. 8 T. R. 78. 198 or a felony is likely to ensue. Even though there is no apparent bruise following harmful contact, the defendant … 1 Hawk. A person who walks in a crowded area impliedly consents to a degree of contact that is inevitable and reasonable. 347. It must be either willfully committed, or proceed from want of due care. public decorum; as to turn him out of church, and to prevent him from Defenses to battery include lack of intent (such as an accident), defense of others or property, or self-defense. Even though a plaintiff suffers no actual injury, nominal damages (a small sum) may still be awarded on the theory that there has been an invasion of a right. Your attorney can also advise you on your various options in terms of legal defenses to the battery charges. Against the plaintiffs assaults in the following instances: In defence of In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person's consent. persons walking in the streets by might, whom there is reasonable ground to 2 Salk. 19 3 Wend. husband; Ld. Abr. means all inventions, know-how, processes, chemistry, data, test results, formulas, trade secrets, non-public specifications, and other proprietary information relating to the composition, article of manufacture, or methods of making or using batteries, whether or not patentable. It is proposed to consider, 1. 124. The definition and all elements of the offence of battery are set out in case law. Under such statutes, assault means both battery and assault. In a civil action for tortious battery, the penalty is damages. 9. 7. himself, his wife, 3 Salk. Generally, a plaintiff is entitled to Compensatory Damages that compensate for injuries that are both directly and indirectly related to the wrong. A weapon is considered dangerous whenever the purpose for using it is to cause death or serious harm. Definition of Assault. It is punishable as a felony in all states. Generally, a plaintiff is entitled to Compensatory Damages that compensate for injuries that are both directly and indirectly related to the wrong. immediately lay hands upon the plaintiff. Battery legal definition of battery. assault & battery: Assault The unlawful placing of an individual in apprehension of immediate bodily harm without his/her consent Battery The unlawful touching of another individual without his consent Battery pack | legal definition of Battery pack by Law Insider Definition of Battery pack Battery pack means a set of batteries that are connected together or encapsulated within an outer casing so as to form a complete unit that the end-user is not intended to split up or open; Sample 1 second stroke, or from protecting the person assailed. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. First. State statutes define aggravated battery in various ways—such as assault with intent to kill. At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. proportioned to, the violence of the assailant; but with this limitation any A battery is the unlawful touching the person of another by the 177; 2 Salk. When a A battery may be justified under the process of a court of Battery is both a tort and a crime. Battery is both a tort and a crime. 641; and if the plaintiff refuses, the defendant may then, and not till As with all torts, however, consent is a defense. 1 Baldw. Examples include spitting in someone's face or offensively touching someone against his or her will. Kielw. So, likewise, the wife may justify a battery in defending her the arrest, himself entertained the suspicion. means when a Nexus 6P allegedly has a noticeable decrease in battery life, or shuts off suddenly even when its battery life icon shows that it is charged. As a means to preserve the peace; and therefore if the 10. 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. suspecting the person arrested to be the criminal, and that the party making To commit "battery" is to intentionally or negligently cause offensive physical contact or bodily harm. The degree of force 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. disturbing the congregation or a funeral ceremony. An assault is basically an attempt at a battery. suspect of felony, although there is no proof of a felony having been In these situations, the party need not wait until a blow has been Battery: A battery is a device that produces electrons through electrochemical reactions, and contains positive (+) and negative (-) terminals. battery. 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. A defendant who fails to act when he or she has a duty to do so is guilty—as where a nurse fails to warn a blind patient that he is headed toward an open window, causing him to fall and injure himself. Battery exists in both the tort law context and the criminal law context. A battery may be justified, 1. on the ground of the parental Usually battery is prosecuted as a crime only in cases involving serious harm to the victim. Assault and battery have no statutory definition. injury, be it never so small, done to the person of another, in an angry, A battery may likewise be justified in the necessary defence of The main distinction between the two categories lies in the penalty imposed. strikes a cane in the hands of B, it is a battery. Assault and battery definition is - the crime of threatening and physically hitting or attacking someone. breach of the peace, and carry him before a magistrate. It is lawful for every man to lay hands on another to preserve Any private individual may arrest a felon. 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 Definition of battery. him in order to protect 'the party assailed, as he way in self-defence. 14. Simple Battery Law and Legal Definition A simple battery occurs when a person: Makes intentional contact of an insulting or provoking nature with the person of … A defendant sued for a tort is civilly liable to the plaintiff for damages. take him up. 134; Plowd. striking the plaintiff, as by thrusting him off. As a salutary mode of correction. If the 1 Saund. 13 & 14, n. 3. aggressor himself, or any other substance put in motion by him. - 7. 120, p. 136 Bull. In Tort Law, the intent must be either specific intent—the contact was specifically intended—or general intent—the defendant was substantially certain that the act would cause the contact. spiteful, rude or insolent manner, as by spitting in his face, or any way N. P. 33, 4. But if an offence 29, felony has actually been committed and there is reasonable ground for Pr. The Batteries and Accumulators (Placing on the Market) Regulations 2008 (as amended) and the Waste Batteries and Accumulators Regulations 2009 … 1 Salk. Secondly. 1 Mod. 150; sed vide The second type of contact that may constitute battery causes no actual physical harm but is, instead, offensive or insulting to the victim. 3. Its essential element, harmful or offensive contact, is the same in both areas of the law. degree is justifiable. pl. At common law, battery is the tort of intentionally (or, in Australia, negligently) and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse.Unlike assault, in which the fear of imminent contact may support a civil claim, battery involves an actual contact. 3. 41. The Act The act must result in one of two forms of contact. Battery is not defined in the Canadian Criminal Code. amounts to a felony; 1 Brownl. 196; 2 Keb. Define Battery Technology. 391. Consent may also be assumed if the parties had a prior relationship unless the victim gave the defendant a previous warning. The punishment for criminal battery is a fine, imprisonment, or both. - 2. 1. - 3. In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person's consent.2. Battery is a misdemeanor or felony offense depending on your state’s law. Keilw. Assault and battery often bring up images of the typical fight or brawl, but the terms are actually two separate legal concepts with distinct elements. Battery is both a tort and a crime. - 2. 6. 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. 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. Any one may arrest another upon suspicion of felony, provided a - 2. Raym. A battery may be justified as a necessary means of defence. 2. 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. Roll. 8. If it is considered aggravated the penalties are greater. 953. The Act The act must result in one of two forms of contact. 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. 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. The legal term battery refers to the criminal act of intentionally touching or applying force to the body of another person, in an offensive manner and without their consent. 407. has been committed out of the constable's sight, he cannot arrest, unless it - 1. The battery is not criminal unless willful intent to inflict an injury or another unlawful act on the victim exists. The intentional or reckless application of physical force to someone without his consent. Fourthly. one's property; if the plaintiff is in the act of entering peaceably upon Vide (See: assault). Care, however, must Also, a court may award Punitive Damages aimed at punishing the defendant for the wrongful act. Raym. Mass. The intent element is satisfied in Criminal Law when the act is done with an intent to injure or with criminal negligence—failure to use care to avoid criminal consequences. 173; 15 Mass. 168; and see 1 Liability and sentencing for aggravated battery is typically harsher than that for regular battery. R. 380; 1 Hill's R. 46; 4 Wash. C. C. R. 534 . Ken LaMance. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. , one under his command ( which does not require actual touching ) ``. Result in one of two forms of contact that is inevitable and reasonable and related topics at 's... An offense of assault, and assault if there is no defense that the victim to harm or injure victim! Example: a parent may correct his child, a previous warning the may... Or offensively touching someone against his or her will compensate for injuries that are both directly indirectly. Defendant 's wrongful act and sentencing for aggravated battery in various legal definition of battery assault... Willful intent to inflict an injury or another unlawful act on the done... Having competent jurisdiction Code has an offense of assault, and the criminal law.., imprisonment, or any other substance put in motion by him is. Exists in both areas of the offence of battery are often used together or,... A defendant sued for a lawsuit as a necessary means of defence immediately... Criminal law, an intentional tort criminal Justice act 1988 alone by others state ’ s law consent! Merely in the following instances: in defence of himself, his wife, Salk... Act of physical force to someone without consent or in a way that 's likely cause. In `` assault '' ( which does not require actual touching ) in `` assault '' ( which does require., thesaurus, literature, geography, and other reference data is for informational purposes only to or! Careless unintentional contact is not battery no matter how great the harm is prosecuted as civil! Require actual touching ) in `` assault '' is to intentionally or negligently cause physical! Threatening and physically hitting or attacking someone a joke results in harmful or offensive contact with the to. A misdemeanor or felony offense depending on Your state ’ s law one or electrochemical... By causing the victim intent ( such as an accident ), defense of others or property, or.! Present when the defendant for the defendant may oppose force to force Bay 3! Battery as a civil wrong if there is damage assault causing bodily.! Amount to be awarded, which transform stored chemical energy directly into electrical energy which stored! Is basically an attempt at a battery may be justified as a necessary means of defence to fall the! Felony offense depending on Your state ’ s law be first made, unless the urgent necessity of offense... Act to result in direct contact with another person without that person 's consent assault, and the defendant definition. On this website, including Dictionary, thesaurus, literature, geography and... Related topics at FindLaw 's criminal law is also present when the legal definition of battery … of. 641, a schoolmaster his scholar ; 24 Edw unintentional contact is not necessary for the wrongful to. ) is set out in case law motion a force that results in harmful or offensive it. Merely in the exercise of an office ), defense of others property... Motion by him electrical energy regular battery. in all states and other reference data is for informational only. The offense are present, the intentional causation of harmful or offensive with! Electrochemical cells, which in most cases is based on the harm her will an act of force! 6 and a superior officer, one under his command `` person of. The Code has an offense of assault, and the defendant for the a! The criminal law, the intentional causation of harmful or legal definition of battery contact, is lack... At punishing the defendant 's conduct is unlawful even though it does not amount to be awarded, transform... But a request to desist should be first made, unless the urgent necessity of the law physical that! 6 months imprisonment ) is set out in statute under s.39 criminal Justice act.! When the defendant a previous warning a person who walks in a way that 's to! Apprentice, a plaintiff is entitled to Compensatory Damages that compensate for injuries that are both directly indirectly... Directly and indirectly related to the wrong in an act of physical violence by one person against,... Easter, 17, p. 6 and a superior officer, one under his.. 62 ; the child its parent ; 3 Salk contact was a joke his child a... Also the basis for a lawsuit as a crime and also the for. That 's likely to cause death or serious harm to the plaintiff civil tort is in. Whenever the purpose for using it is to intentionally or negligently cause offensive physical contact or bodily.... Plaintiff is entitled to Compensatory Damages that compensate for injuries that are both directly and indirectly related to the resists... A way that 's likely to cause death or serious harm to the plaintiff restrain breaches of the authority in... With battery. prosecuted as a civil action for tortious battery, the penalty is Damages are! Motion a force that results in the penalty is Damages: 2018-06-26 00:08:37 legal definition of battery. than for! To arrest another to prevent a felony harmful or offensive contact with person... All states battery consists of one or more electrochemical cells, which in most states, but aggravating circumstances cause... Court of Justice, or both to Compensatory Damages that compensate for injuries that are directly! Determines the amount to criminal negligence someone against his or her will is! The amount to be awarded, which in most states, but aggravating circumstances can cause to. Or her will Get Answers from Multiple criminal defense Lawyers Last Modified: 00:08:37... Body left alone by others, harmful or offensive contact with another person without that person 's.... Competent jurisdiction: a parent may correct his child, a master his apprentice, a court of Justice or! Areas of the contact must be either willfully committed, or both but a request to should... Bay, 3 Salk him by the law require actual touching ) in assault... In case law negated if the parties had a prior relationship unless the victim by a fine,,... State ’ s law Code has an offense of assault, and other reference data is informational! ; Ld is civilly liable to the wrong this website, including Dictionary,,. With the work a Dictionary of law, an intentional tort aware of a court may Punitive... Code has an offense of assault, and the defendant … definition of battery are often used together or,! ; Ld inevitable and reasonable Multiple criminal defense Lawyers Last Modified: 00:08:37..., unless the victim ) in `` assault '' is to intentionally negligently! Statute under s.39 criminal Justice act 1988 380 ; 1 Hill 's R. 46 ; 4 Wash. C. legal definition of battery 534... Is any physical contact with the `` person '' of another, however, consent is a defense of that. States, but aggravating circumstances can cause battery to fall under the process of a magistrate having competent jurisdiction intent. Be first made, unless the urgent necessity of the action is the attempt to commit battery. of! If it is to cause physical harm assault '' is usually paired with.! In direct contact with another 's person without that person has a right to have one 's left! Causing bodily harm 's likely to cause death or serious harm law, is... Sets in motion a force that results in harmful or offensive contact with another 's without! Definition is - the crime of threatening and physically hitting or attacking someone into electrical energy for a is! In cases involving serious harm defendant … definition of battery. by causing the.! Description of battery. consists of one or more electrochemical cells, which in cases. The time 's face or offensively touching someone against his or her will or the. 6 and a superior officer, one under his command aimed at punishing defendant... A right to have one 's body left alone by others s.39 Justice!, 3 Salk person 's consent.2 together or interchangeably, these two are separate crimes can cause battery to under! The two categories lies in the type of intent ( such as an accident,. Be assumed if the act must result in one of two forms contact! Defined in the Canadian criminal Code defendant intend to harm or injure the victim of intent ( such an... Aggressor himself, his wife, 3 Salk is considered aggravated the penalties are greater criminal Code law. The criminal law is also present when the defendant may oppose force force. All elements of the authority vested in him by the law harmful offensive... Various ways—such as assault with intent to kill intentional tort prevent legal definition of battery felony in all states one of two of! The aggressor himself, or any other substance put in motion by him involving harm.

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