What is battery in law?

Battery and assault are not the same

In most states assault is the threat or attempt that puts someone in reasonable fear of imminent contact; battery is the contact itself. Raise a fist and it may be assault; land the punch and it is battery. Many states, however, fold both into a single statute called “assault,” with degrees, which is why definitions found online often conflict. What matters is how your own state's criminal code names and grades the conduct.

The elements

• An intentional act — intent to make contact, not necessarily intent to injure. Some states also cover reckless contact.
• Harmful or offensive contact, judged by what a reasonable person would find offensive. Spitting on someone, grabbing their arm or knocking off their hat can all qualify.
• No valid consent.
• Contact with the person or something closely connected to them, such as a bag being carried or a cane being held. Contact can also be indirect — throwing an object that hits someone.

How it is graded

Simple battery is usually a misdemeanor, punishable by fines, probation and up to a year in jail. It becomes aggravated battery — a felony — when a weapon is used, when serious bodily injury results, when the victim belongs to a protected group such as police officers, health care workers, children or elderly people, or when it happens during another felony. Sentences for aggravated battery can run many years in prison.

Domestic battery

Battery against a spouse, partner, family or household member is handled under separate statutes in most states. Many have mandatory or preferred arrest policies, which means police must arrest someone when they find evidence of domestic battery, and courts routinely issue no-contact orders at the first appearance — even if the alleged victim does not want one. A domestic battery conviction also triggers a federal ban on possessing firearms.

Common defenses

• Self-defense or defense of others, using force proportionate to the threat.
• Consent — contact within the rules of a contact sport, or ordinary touching in a crowd, is not battery. Consent has limits: it does not cover injuries far beyond what the activity involves.
• Lack of intent for genuinely accidental contact.
• Mistaken identity, particularly in crowded bar fights where several people were involved.

What happens after an arrest

The accused is usually booked and released on bail or conditions, often including no contact with the alleged victim. The prosecutor decides whether to file charges based on the police report, photos of injuries, medical records, witness statements and any video. First-time, low-level cases are often resolved through diversion or anger-management programs that lead to dismissal, while cases with injuries or prior records are prosecuted more aggressively.

The civil side

The same incident can produce a civil claim for damages even if the criminal case fails, because the civil standard of proof is only a preponderance of the evidence — more likely than not. That is how a defendant acquitted of a crime can still be ordered to pay medical bills, lost wages and damages for pain and emotional distress. Punitive damages are also available for deliberate attacks. Homeowner's insurance usually excludes intentional acts, so collecting a judgment can be harder than winning it.

If you are involved

If you were hurt, get medical care, photograph the injuries, report the incident and keep the names of witnesses. If you are accused, say nothing to police beyond identifying yourself, do not contact the other person if an order is in place, and speak with a criminal defense attorney before your first court date.

Battery and the workplace

Battery by an employee on the job can make the employer liable too, especially for security staff or bouncers, and an employer that ignored warning signs may face a negligent-hiring or supervision claim. Battery at work by a co-worker is often covered by workers' compensation instead of a lawsuit against the employer, but the co-worker can still be sued and prosecuted personally.