What Is the Crime of Battery?

Although the crimes of assault and battery often appear together as a single charge, they are two separate offenses. The crime of battery has a legal definition that differs from the crime of assault. To confuse matters further, the intentional torts of assault and battery can be grounds for civil lawsuits without being criminal offenses.

Separating assault from battery is difficult because some state criminal laws combine the two crimes into a single charge. Many jurisdictions now charge the two crimes together on the grounds that assault must precede battery.

In this article, we’ll explain the main differences between the criminal charges of battery and assault. Keep in mind that exact definitions vary by state, so it’s best to consult a local defense attorney if you’re facing criminal charges.

Criminal Battery

Criminal battery is considered harmful, intentional contact, but the details vary by state. For instance, California’s definition of battery is “any willful and unlawful use of force or violence upon the person of another.”

Criminal battery differs from civil battery in that it requires criminal or unlawful intent. While both require intent to make contact, criminal battery involves contact that is both intentional and unlawful, often resulting in actual harm.

Battery is a serious crime. It can be charged as either a misdemeanor or a felony, depending on the amount and severity of physical harm inflicted.

Simple Battery

Simple battery is unlawful force that causes minor injury or minimal harm. Often charged as a misdemeanor, penalties may include fines, jail time, or probation. Misdemeanor battery cases are still considered violent crimes or crimes against the person, and repeated offenses may become felony charges.

Whether simple battery is charged as a misdemeanor or a felony depends on whether a weapon was involved and the degree of physical injury involved. If a serious bodily injury is involved, a simple battery charge can become an aggravated battery charge.

Aggravated Battery

Aggravated battery can either involve the use of more dangerous weapons or battery against certain statutorily defined individuals. Aggravating factors in felony battery can include:

• Committed against law enforcement or peace officers
• Committed against one’s spouse or domestic partner
• The defendant used deadly weapons or intended to cause great bodily harm
• The victim was a dependent or elderly adult

A felony battery conviction can result in prison terms, fines, or both.

Criminal Assault

In jurisdictions where assault is a separate crime, such as California, criminal assault is “an unlawful attempt coupled with the present ability” to commit a battery on another person. Some states define assault more broadly to include acts that create a reasonable apprehension of harm, regardless of whether battery was attempted.

Some states have combined the crimes of assault and battery. It’s uncommon to commit an assault without following through with the battery.

Like a battery, there are degrees of assault. The offender can be charged with simple assault or aggravated assault, depending on the target and type of weapon involved.

Assault can be any intentional act that causes another person to fear imminent physical contact. A verbal threat of violence may constitute assault, but the attacker must have the ability to carry out the threat for it to qualify as a criminal assault charge. For example, saying “I’m going to kill you” is assault if the speaker is near the victim and could actually act on their threat. If the speaker is overseas and must travel to carry out the threat, it is probably not.

Sexual Assault

Sexual assault and sexual battery are serious offenses. They include rape, forcible sodomy, and nonconsensual or offensive physical contact. State sexual assault laws cover all forms of forcible and nonconsensual sexual contact, regardless of the victim’s gender. Sexual assault and battery on a minor typically has its own criminal code section and separate legal penalties.

Potential Penalties for a Battery Charge

The penalties for a battery conviction vary, depending on whether the offense is charged as a misdemeanor or a felony. The specific circumstances of the case and state laws also play a role. Below are some of the potential penalties associated with battery charges.

Misdemeanor Battery Penalties

Simple battery is typically charged as a misdemeanor. Potential penalties may include:

• Jail time, usually up to one year in county jail
• Fines ranging from hundreds to thousands of dollars
• Probation, often lasting one to three years
• Community service requirements
• Mandatory anger management or violence prevention classes
• Restitution payments to the victim for medical expenses or other damages

Felony Battery Penalties

Aggravated battery charges are almost always a felony and carry more serious consequences, including:

• Prison sentences ranging from one to 25 years or more, depending on the severity
• Substantial fines, potentially reaching tens of thousands of dollars
• Lengthy probation periods following release
• Mandatory counseling or treatment programs
• Permanent loss of certain rights, such as gun ownership

Additional Consequences

Beyond court-imposed penalties, a battery conviction can have lasting effects on your life. These can include:

• A permanent criminal record that may affect employment opportunities
• Difficulty obtaining professional licenses
• Immigration consequences for non-citizens, including deportation
• Loss of custody or visitation rights in family law cases
• Challenges securing housing or educational opportunities

The specific penalties you face depend on factors such as your criminal history, the severity of injuries caused, whether weapons were involved, and the victim’s identity. An experienced criminal defense attorney can help you understand the potential penalties in your case and work to minimize the consequences.

Civil Liability for Battery

In addition to criminal penalties, you may also face a civil lawsuit from the alleged victim. Battery is both a crime and an intentional tort, meaning the same act can result in both criminal prosecution and civil liability.

The intentional tort of assault requires only that the victim reasonably believe they are in danger of imminent harm. A verbal threat can be sufficient for a civil case, where it might not be enough for a criminal charge. If a threatening call made from overseas violated a restraining order and the victim had a reasonable fear that the caller was on their way home, it would be enough for a civil lawsuit.

For a battery case, the intentional tort requires only unwanted or offensive contact. If someone approaches you in a bar and puts their hand on your shoulder, you can ask them not to do that. If they do it again, that would be intentional battery. It might not rise to the level of criminal battery, but it may provide the basis for a civil lawsuit.

Criminal and civil battery cases are separate proceedings with different purposes:

• Criminal cases are brought by the state or government to punish wrongdoing and protect public safety
• Civil cases are brought by the alleged victim to recover monetary compensation for their injuries and losses

You can be found liable in a civil lawsuit even if you’re acquitted of criminal charges, or vice versa. This is because civil cases have a lower burden of proof. In civil cases, the plaintiff only needs to prove their case by a “preponderance of the evidence” rather than “beyond a reasonable doubt.”

Those found liable for battery in a civil lawsuit may be ordered to pay any of the following:

• Medical expenses for the victim’s treatment and ongoing care
• Lost wages if the victim missed work due to injuries
• Pain and suffering damages for physical and emotional distress
• Punitive damages in cases involving particularly egregious conduct
• The victim’s attorney fees and court costs

Civil lawsuits can be filed while criminal charges are pending or after the criminal case concludes. Anything said or presented in the criminal case can be used in a civil lawsuit. For this reason, it’s important to consult with an attorney before making any statements about the incident.

If you’re facing both criminal charges and a potential civil lawsuit, your criminal defense attorney may work with a civil litigation attorney to coordinate your defense strategy.

Defenses to a Battery Charge

If you’re facing battery charges, several legal defenses may be available depending on the circumstances of your case. Common defenses include:

• Self-defense: Self-defense is one of the most frequently used defenses to battery charges. You may argue that you used reasonable force to protect yourself from imminent harm. However, the force used must be proportional to the threat faced. Excessive force in response to a minor threat may not qualify as self-defense.
• Defense of others: Similar to self-defense, you may have a valid defense if you used force to protect another person from harm. This defense requires you to show that you reasonably believed the other person was in immediate danger.
• Consent: In certain cases, consent can serve as a defense to battery charges. For example, participants in contact sports consent to certain physical contact. However, consent has limits and generally doesn’t apply to serious bodily harm or situations involving vulnerable individuals.
• Lack of intent: Since a battery requires intentional contact, proving the contact was accidental may be a valid defense. If you can demonstrate that the contact was unintentional or the result of an accident, you may avoid conviction.
• False accusation: You may argue that the alleged battery never occurred or that you were not the person who committed it. This defense may involve presenting alibi evidence or challenging the credibility of witnesses.

The success of any defense depends on the specific facts of your case and applicable state laws. A criminal defense attorney can assess your situation and recommend the most effective defense strategy.

Get Legal Advice From a Criminal Defense Attorney

The crime of battery is a serious and complex offense. Charges and possible penalties vary depending on your state’s laws. The distinction between assault and battery is not always clear following an arrest for either offense. If you’re facing criminal charges, you should consult a criminal defense attorney to protect your legal rights.

In cases of domestic violence or civil battery, you may need a family law attorney or other civil attorney to aid you in your fight for justice. Having an expert on your side can make a huge difference.