Quick Answer: What Is Battery On A Person?

What does battery on a person mean?

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.

This means that battery is usually punishable by criminal fees and/or actual time spent in jail (usually less than one year)..

Is slapping a battery?

Slaps Constitute Battery If someone intentionally slaps you, regardless of the amount of force, and causes you some sort of legally recognizable damage, you can sue him or her for battery.

What are the three elements of battery?

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.

Is it assault if they hit you first?

While it might not be the most common of defenses to assault and battery charges, striking a person before they hit you is a valid legal defense. … The man who struck the person who assumed the combative position reasonably believed that he was in danger of violence, and thus acted in self-defense by striking first.

Can a battery charge be dropped?

The charges can be dropped only if the Prosecutor agrees to dismissing the charges. Prosecutor’s seldom drop charges, however, with an attorney your charges can be reduced and you could even negotiate a plea and abeyance which is the most likely scenario.

What happens when you get charged with battery?

Most basic criminal battery charges are misdemeanor level offenses. This means that the punishment range is probation or up to two years in jail. … If a criminal battery charge involves aggravating circumstances, then the criminal battery charge can be enhanced to a felony level offense.

What is a battery offense?

Definition. 1. In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person’s consent. 2. In tort law, the intentional causation of harmful or offensive contact with another’s person without that person’s consent.

Is battery a serious Offence?

Criminal battery requires intent to inflict an injury on another. … Aggravated battery generally is seen as a serious offense of felony grade. Aggravated battery charges may occur when a battery causes serious bodily injury or permanent disfigurement.

How do you get a battery charge?

Battery is any unlawful offensive physical contact with another person, with or without his or her consent….Basic Elements of BatteryThe defendant had offensive physical contact with the victim.The defendant is aware that their actions will result in offensive touching.There was no consent from the victim.

How serious is a battery charge?

Legal Representation. Aggravated battery is a very serious felony charge; conviction of this crime can seriously affect your life. You could face a lengthy prison sentence and the stigma of being a convicted felon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment.

How long does battery stay on your record?

It stays on your record forever unless you take action to remove it. You must have at least three years from the date of conviction as a bare minimum to qualify. The statute is kind of a pain, so if you have any other criminal convictions, it may complicate the process or prevent you from getting the matter expunged.

What is an example of battery?

Under the criminal law in most states, battery is the intentional touching of – or use of force to touch – another in an offensive or injurious manner. … For example, an actor who sets his dog upon another individual causing injury is guilty of battery.

Which is worse assault or battery?

If the victim has not actually been touched, but only threatened (or someone attempted to touch them), then the crime is assault. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this might be battery.

Assault and battery exists in both the tort law context and the criminal law context. … 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.

Is unwanted touching battery?

Battery Defined A simple “unwanted or offensive touching of another” is a sufficient degree of behavior upon which a prosecutor can base a charge of battery under the law. … Even poking someone in the shoulder could potentially amount to a battery if the other person is offended by the touching.

What is the average sentence for battery?

A “battery” in simple terms is when you strike or attack someone without cause or provocation. It can be filed as either a misdemeanor or felony depending on the circumstances of the fight and the injuries sustained by the victim. Misdemeanor battery generally carries a jail sentence of not more than one year.