Assessment of the severity of a battery is determined by local law. Regardless of which definition the jurisdiction uses, the broader definition of assault, or separate definitions for assault and battery, a crime of this nature in the first-degree (or aggravated) is classified as a felony. The elements of simple battery include:[5], Aggravated battery is more serious than simple battery. A battery is any: a. Willful and unlawful use of force or violence upon the person of another; or b. the actor intends or knows that their action will cause the offensive touching. Examples include hitting, burning, spitting on, and even poisoning. In DPP v Taylor, DPP v Little,[6] it was held that battery is a statutory offence, contrary to section 39 of the Criminal Justice Act 1988. Battery is, in many ways, the completion of an assault. Punishment for Assault and Battery. Battery is typically classified as either simple or aggravated. Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. (See: assault ) State statutes define aggravated battery in various ways—such as assault with intent to kill. The Nevada crime of battery (NRS 200.481) is any willful and unlawful use of force or violence upon another’s person. resulting in either bodily injury or an offensive touching. If all four elements can be proved, a prima facie case exists to go ahead and prosecute the offender. 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. Battery is not defined in the Canadian Criminal Code. The prosecutor must prove all three elements beyond a reasonable doubt:[11]. Aggravated battery is, typically, offensive touching without a tool or weapon with attempt to harm or restrain. Although battery typically occurs in the context of physical altercations, it may also occur under other circumstances, such as in medical cases where a doctor performs a non-consented medical procedure. For the tortious aspects of battery, see, The examples and perspective in this article, Learn how and when to remove this template message, Crown Prosecution Service Sentencing Manual, Non-fatal offences against the person in English law, "ПРЕСТУПЛЕНИЯ ПРОТИВ ЖИЗНИ И ЗДОРОВЬЯ - Уголовный кодекс РФ (УК РФ) от 13 June 1996 N 63-ФЗ \ Консультант Плюс", "What are the Crimes of Assault and Battery", "Kansas Statutes, Sec. Additionally, a charge of battery may be elevated to a charge of aggravated battery if the victim’s injuries are considered to be severe. Under such statutes, assault means both battery and assault. [3] Criminal battery and civil battery may be the same or differ slightly depending on jurisdiction. In most instances, battery will result in misdemeanor criminal charges. is committed for the purpose of causing a harmful or offensive contact or under circumstances that render such contact substantially certain to occur or with a reckless disregard as to whether such contact will result. Battery generally requires that: Under the US Model Penal Code and in some jurisdictions, there is battery when the actor acts recklessly without specific intent of causing an offensive contact. [3] There are four elements to criminal battery:[4]. Specific definitions may change based on the jurisdiction, but generally, criminal battery is the act of using force against another person, creating harmful or offensive conduct. Criminal Battery. Battery is defined as an intentional offensive or harmful touching of another person that is done without his or her consent. Attempted battery assault requires the criminal act of substantial steps toward commission of a battery and the criminal intent of specific intent or purposely to commit a battery. It is often coupled with "assault" (which does not require actual touching) in "assault and battery." Some states still keep them separate. 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 Some jurisdictions, such as New York, refer to what, under the common law, would be battery as assault, and then use another term for the crime that would have been assault, such as menacing. However, where section 40 applies, it can be an additional charge on an indictment. This issue is so prevalent that the crime of sexual assault[4] would be better labelled a sexual battery. 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