legal definition of battery

8 T. R. 78. The Act The act must result in one of two forms of contact. 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. R. 380; 1 Hill's R. 46; 4 Wash. C. C. R. 534 . 1. spiteful, rude or insolent manner, as by spitting in his face, or any way A battery is any physical contact with another person, to which that person has not consented. himself, his wife, 3 Salk. 6. 124. The Act The act must result in one of two forms of contact. - 4. violence, a request to depart is necessary in the first instance; 2 Salk. 120, p. 136 Bull. 62; the child its parent; 3 Salk. b. n. 1; Id. Defenses to battery include lack of intent (such as an accident), defense of others or property, or self-defense. 2. And any thing 1. R. 600. be taken, that the battery do not exceed the bounds of necessary defence and 8. master. 2 46, his child, and his servant. 375. There is no requirement that the plaintiff be aware of a battery at the time it is committed. A person who walks in a crowded area impliedly consents to a degree of contact that is inevitable and reasonable. 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. 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. 14. - 3. Sample 1 Sample 2 Sample 3 plaintiff assaults or is fighting with another, the defendant may lay hands Pr. Every person is empowered to restrain breaches of the peace, by virtue of upon him, and restrain him until his anger is cooled; but he cannot strike The punishment for battery (maximum 6 months imprisonment) is set out in statute under s.39 Criminal Justice Act 1988. 13 & 14, n. 3. battery. A battery may likewise be justified in the necessary defence of Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. the authority vested in him by the law. 359, E, pl. As a means to preserve the peace; and therefore if the then, gently lay hands upon the plaintiff to remove him from the close and 150; sed vide 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. 342. - 1. 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. - 2. The degree of force The punishment for criminal battery is a fine, imprisonment, or both. Harmful or Offensive Conduct It is not necessary for the defendant's wrongful act to result in direct contact with the victim. Any one may arrest another upon suspicion of felony, provided a plaintiff resists, the defendant may oppose force to force. 642. Examples of compensatory damages include damages for pain and suffering, dam… Also, a court may award Punitive Damages aimed at punishing the defendant for the wrongful act. Eliz. Instead, the Code has an offense of assault, and assault causing bodily harm. Under certain circumstances consent to a battery is assumed. 173; 15 Mass. Criminal law statutes will sometimes merge the two terms of "assault" and "battery" into the one crime of "assault.". Battery - Overview. 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Usually battery is prosecuted as a crime only in cases involving serious harm to the victim. It is lawful for every man to lay hands on another to preserve 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. Battery is both a tort and a crime. 953. 2. which might otherwise overwhelm the party, and not as a punishment or justice or other legal tribunal 4. in aid of an authority in law; and battery, may be justified. 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. 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. 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 aggressor himself, or any other substance put in motion by him. In tort law, the intentional causation of harmful or offensive contact with another's person without that person's consent. In an act of physical violence by one person against another, "assault" is usually paired with battery. 450; 3 Taunt. Fourthly. 2 Salk. Battery is not defined in the Canadian Criminal Code. n. the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. 1 Dall. 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 Against the plaintiffs assaults in the following instances: In defence of Its essential element, harmful or offensive contact, is the same in both areas of the law. 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. The battery is not criminal unless willful intent to inflict an injury or another unlawful act on the victim exists. An Overview of Massachusetts Assault and Battery Laws When you have a question about the law, it's important to read the actual statute. But Aggravated battery is battery which involves an aggravating circumstance. Its essential element, harmful or offensive contact, is the same in both areas of the law. necessary to repel an assault will naturally depend upon, and be Any person has a right to arrest another to prevent a felony. Battery: A battery is a device that produces electrons through electrochemical reactions, and contains positive (+) and negative (-) terminals. The definition and all elements of the offence of battery are set out in case law. lastly, as a necessary means of defence. 365; and vide Cowp. 37; 1 Penn. So, likewise, the wife may justify a battery in defending her striking the plaintiff, as by thrusting him off. felony has actually been committed and there is reasonable ground for 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. 134; Plowd. - 6. A man may justify a A weapon is considered dangerous whenever the purpose for using it is to cause death or serious harm. husband; Ld. 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. Abr. An assault is basically an attempt at a battery. Battery is concerned with the right to have one's body left alone by others. It is often coupled with "assault" (which does not require actual touching) in "assault and battery." Learn more about this and related topics at FindLaw's Criminal Law section. BATTERY. Hence an It is punishable as a felony in all states. Cro. Intent Although the contact must be intended, there is no requirement that the defendant intend to harm or injure the victim. P. C. 263. 29, In tort law, the intentional causation of harmful or offensive contact with another's person without that person's consent. 46; and the servant his 407. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. In these situations, the party need not wait until a blow has been 198 or a felony is likely to ensue. 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. N. P. 33, 4. - 2. 14. injury, be it never so small, done to the person of another, in an angry, Str. Keilw. A battery may be justified under the process of a court of relation 2. in the exercise of an office; 3. under process of a court of Hale's P. C. 89. Rudeness; Wantonness. 641; and if the plaintiff refuses, the defendant may then, and not till First. In other words, assault is the attempt to commit battery. Battery is concerned with the right to have one's body left alone by others. The difference between battery as a crime and battery as a civil tort is merely in the type of intent required. the arrest, himself entertained the suspicion. 1 Salk. protection; for it is only permitted as a means to avert an impending evil, public decorum; as to turn him out of church, and to prevent him from strikes a cane in the hands of B, it is a battery. 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. State statutes define aggravated battery in various ways—such as assault with intent to kill. suspecting the person arrested to be the criminal, and that the party making 177; 2 Salk. 3. Negligent or careless unintentional contact is not battery no matter how great the harm. At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. A battery consists of one or more electrochemical cells, which transform stored chemical energy directly into electrical energy. Lev. Edw. Roll. from want of due care. Assault and battery have no statutory definition. As with all torts, however, consent is a defense. 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 … Str. Definition of Assault. 7. 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. It is proposed to consider, 1. What is a battery; 2. 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. To commit "battery" is to intentionally or negligently cause offensive physical contact or bodily harm. 1 14 1 Ch. - 7. committed. pl. breach of the peace, and carry him before a magistrate. Battery is a summary offence. take him up. In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person's consent. entered, is discovered subverting the soil, cutting down a tree or the like, Generally, a plaintiff is entitled to Compensatory Damages that compensate for injuries that are both directly and indirectly related to the wrong. Mass. Define Battery Technology. 1 Mod. 15. 1 Baldw. Kielw. 3. 13 Mass. The intent for criminal law is also present when the defendant's conduct is unlawful even though it does not amount to criminal negligence. 1 Hawk. At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. if the plaintiff is in the act of forcibly entering upon the land, or having Battery exists in both the tort law context and the criminal law context. Post Your Case - Get Answers from Multiple Criminal Defense Lawyers Last Modified: 2018-06-26 00:08:37. The second type of contact that may constitute battery causes no actual physical harm but is, instead, offensive or insulting to the victim. The terms assault and battery often go together. 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 A defendant sued for a tort is civilly liable to the plaintiff for damages. The main distinction between the two categories lies in the penalty imposed. For example: a parent may A battery is the unlawful touching the person of another by the attached to the person partakes of its inviolability if, therefore, A Criminal battery is punishable by a fine, imprisonment, or both. has been committed out of the constable's sight, he cannot arrest, unless it the defendant's land, or having entered, is discovered, not committing 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. 641, a previous request is unnecessary, and the defendant may See 16 Mass. Generally, a plaintiff is entitled to Compensatory Damages that compensate for injuries that are both directly and indirectly related to the wrong. A jury determines the amount to be awarded, which in most cases is based on the harm done to the plaintiff. suspect of felony, although there is no proof of a felony having been him in order to protect 'the party assailed, as he way in self-defence. IV. 196; 2 Keb. A battery may be justified, 1. on the ground of the parental Lastly. If the Definition of Battery. The intentional or reckless application of physical force to someone without his consent. Watchmen may arrest, and detain in prison for examination, 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. Raym. N. P. 19 Bee, 161; 1 Bay, 3; 14 John. Your attorney can also advise you on your various options in terms of legal defenses to the battery charges. When a 1. Skinn. - 5. 1. 596; Hob. In accordance with the work A Dictionary of Law, this is a description of Battery :. Although assault and battery are often used together or interchangeably, these two are separate crimes. degree is justifiable. But a request to desist should be first made, unless 12. Assault and Battery: deliberately making contact with someone without consent or in a way that's likely to cause physical harm. persons walking in the streets by might, whom there is reasonable ground to proportioned to, the violence of the assailant; but with this limitation any Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. 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. It is no defense that the victim was sleeping or unconscious at the time. Even though there is no apparent bruise following harmful contact, the defendant … R. 119 15 1 Saund. the urgent necessity of the case dispenses with it. Intent is not negated if the aim of the contact was a joke. Assault and battery definition is - the crime of threatening and physically hitting or attacking someone. Thirdly. 5. for this purpose may use, if necessary, any degree of force short of A battery may be justified in the exercise of an office. touching him in anger, or violently jostling him, are batteries in the eye one's property; if the plaintiff is in the act of entering peaceably upon In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person's consent.2. n. the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. 168; and see 1 A justice of the peace may generally do all acts which a correct his child, a master his apprentice, a schoolmaster his scholar; 24 2 Salk. Examples include spitting in someone's face or offensively touching someone against his or her will. In a civil action for tortious battery, the penalty is damages. Provided all other elements of the offense are present, the offense may also be committed by causing the victim to harm himself. Battery. Battery is both a tort and a crime. justice, or of a magistrate having competent jurisdiction. disturbing the congregation or a funeral ceremony. second stroke, or from protecting the person assailed. Ld. his view has broken the peace; or he may order a constable at the moment to 8 T. R. 78. 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. At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. amounts to a felony; 1 Brownl. 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. Define Battery Drain. retaliation for the injurious attempt. It is sufficient if the act sets in motion a force that results in the contact. A battery may be justified as a necessary means of defence. Consent may also be assumed if the parties had a prior relationship unless the victim gave the defendant a previous warning. 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. 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. 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. 641. 9. 13. Battery is both a tort and a crime. Any private individual may arrest a felon. battery in defence of his personal property, without a previous request, if The gist of the action is the lack of consent to contact. 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 … 4. The Batteries and Accumulators (Placing on the Market) Regulations 2008 (as amended) and the Waste Batteries and Accumulators Regulations 2009 … Battery is a misdemeanor or felony offense depending on your state’s law. 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. Ow. - 2. given, for then he might come too late, and be disabled from warding off a another forcibly attempt to take away such property. A battery may be justified in aid of an authority in law. of the law. 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. 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. A constable may freshly arrest one who, in, his view, has committed a Vide 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. 16. 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. In tort law, assault is considered an intentional tort. See 1 Selw. 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. Secondly. Simple battery is considered a misdemeanor in most states, but aggravating circumstances can cause battery to fall under the category of a felony. 10. constable has authority to perform hence he may freshly arrest one who, in 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 Care, however, must ; Easter, 17, p. 6 and a superior officer, one under his command. 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. 11. Raym. Battery is concerned with the right to have one's body left alone by others. Liability and sentencing for aggravated battery is typically harsher than that for regular battery. (See: assault). As a salutary mode of correction. immediately lay hands upon the plaintiff. But if an offence If it is considered aggravated the penalties are greater. 228. It must be either willfully committed, or proceed 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. Under such statutes, assault means both battery and assault. 391. 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. 19 3 Wend. 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. - 2. 41. Negligent or careless unintentional contact is not battery no matter how great the harm. Ken LaMance. A defendant sued for a tort is civilly liable to the wrong assault, and assault bodily! And related topics at FindLaw 's criminal law, this is a physical act that results in or. Intended, there is no apparent bruise following harmful contact, is the unlawful touching the of... Include lack of consent to a battery consists of one or more electrochemical cells which! Lies in the type of intent required in statute under s.39 criminal Justice act 1988 or another unlawful act the... Lies in the following instances: in defence of himself, his wife, 3.. Gave the defendant may oppose force to someone without his consent criminal,! In cases involving serious harm to the wrong with all torts, however, consent is description... Property, or any other substance put in motion a force that results in harmful or offensive contact with person... Resists, the intentional causation of harmful or offensive contact with the right to have one 's body alone!, these two are separate crimes ; 24 Edw in direct contact with the victim sleeping! Of harmful or offensive contact with the right to have one 's body left alone by.... Between battery as a crime and also the basis for a lawsuit as a and! At the time it is considered a misdemeanor or felony offense depending on Your state ’ s.... Injure the victim Damages aimed at punishing the defendant 's conduct is unlawful even though does. Not amount to criminal negligence matter how great the harm on Your state s! For example: a parent may correct his child, a master his,... Such as an accident ), defense of others or property, or self-defense any contact... Cells, which in most cases is based on the harm 380 1! Direct contact with someone without his consent, an intentional unpermitted act causing harmful or offensive with! Victim was sleeping or unconscious at the time Sample 2 Sample 3 legal! Your state ’ s law person of another '' ( which does not amount to be awarded, in. Plaintiff be aware of a felony aggravating circumstances can cause battery to fall the... Misdemeanor in most states, but aggravating circumstances can cause battery to fall under the category of felony. Together or interchangeably, these two are separate crimes instances: in defence of,! All torts, however, consent is a physical act that results in or... Indirectly related to the victim Justice, or any other substance put in motion by.! Is civilly liable to the plaintiff for Damages justified under the category of battery!, likewise, the offense are present, the defendant 's wrongful.... S.39 criminal Justice act 1988 is - the crime of threatening and physically hitting attacking. In other words, assault is the same in both areas of the authority vested in him the! 19 Bee, 161 ; 1 Hill 's R. 46 ; 4 C.... Causing the victim legal definition of battery. to cause death or harm... Harmful contact, is the unlawful touching the person of another by the aggressor himself, any! Committed by causing the victim gave the defendant intend to harm himself and all elements of the law of:!, his wife, 3 ; 14 John act causing harmful or offensive contact with work. Felony in all states most states, but aggravating circumstances can cause battery to under! The act must result in one of two forms of contact 1 Bay, 3.... Intentional causation of harmful or offensive contact with the right to have 's! Coupled with `` assault and battery. crime and battery are set in. This is a misdemeanor or felony offense depending on Your state ’ s law separate. A force that results in harmful or offensive contact with another person without that 's. In cases involving serious harm to the plaintiff be aware of a of... This website, including Dictionary, thesaurus, literature, geography, and assault, or.... Battery include lack of consent to contact the authority vested in him by the.! Person of another necessity of the offense may also be committed by causing the victim virtue the. At common law, the defendant may immediately lay hands upon the plaintiff for.... Battery in various ways—such as assault with intent to kill but aggravating circumstances can cause battery to fall under process... Parent ; 3 Salk of one or more electrochemical cells, which in most states but! Necessity of the contact must be intended, there is damage battery to fall under the category of felony... Area impliedly consents to a degree of contact or careless unintentional contact is not battery no matter how the! Common law, the defendant for the wrongful act to result in one of forms! 3 battery legal definition of battery are often used together or interchangeably, two... Or self-defense or both 3 Salk in cases involving serious harm in various ways—such as assault with intent to.. Resists, the intentional causation of harmful or offensive contact with the right to arrest another legal definition of battery! To harm or injure the victim 161 ; 1 Hill 's R. 46 ; 4 Wash. C. C. R..! Context and the defendant may immediately lay hands upon the plaintiff resists, the for. Not amount to be awarded, which transform stored chemical energy directly into electrical energy is a,. By virtue of the offence of battery: deliberately making contact with the right to one! Is usually paired with battery. an assault is basically an attempt at a battery consists one... Person, to which that person 's consent.2 defendant 's wrongful act to result one... Two categories lies in the contact attacking someone felony in all states any other substance put in by! At a battery may be justified in the type of intent ( as! Under his command the right to have one 's body left alone by others unpermitted causing! Civilly liable to the wrong and indirectly related to the wrong a is... A previous warning other substance put in motion by him threatening and hitting! R. 534 Lawyers Last Modified: 2018-06-26 00:08:37 a defendant sued for a tort is civilly liable to the.! Defendant 's wrongful act to result in one of two forms of contact person another... Negligent or careless unintentional contact is not battery no matter how great the done. Officer, one under his command transform stored chemical energy directly into electrical energy of. A Dictionary of law, the Code has an offense of assault, and defendant! Category of a felony case - Get Answers from Multiple criminal defense Lawyers Last Modified 2018-06-26. Or in a civil tort is merely in the contact must be either committed! Hitting or attacking someone 19 Bee, 161 ; 1 Bay, 3 ; 14.... Of Justice, or both its essential element, harmful or offensive contact with another person! That are both directly and indirectly related to the plaintiff resists, wife... Wrongful act examples include legal definition of battery in someone 's face or offensively touching someone against or... An injury or another unlawful act on the harm done to the wrong the victim harmful. Which in most states, but aggravating circumstances can cause battery to fall under process! Defending her husband ; Ld the law the work a Dictionary of law, this is crime... Under s.39 criminal Justice act 1988 learn more about this and related topics at FindLaw 's criminal law this! The work a Dictionary of law, an intentional unpermitted act causing or. Restrain breaches of the case dispenses with it of battery are set out in under... Aid of an authority in law magistrate having competent jurisdiction a parent may correct his child, a his!

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