{"id":352000,"date":"2023-11-27T15:39:45","date_gmt":"2023-11-27T20:39:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/assault-and-battery-overview.html"},"modified":"2025-01-15T15:39:00","modified_gmt":"2025-01-15T20:39:00","slug":"assault-and-battery-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/assault-and-battery-overview.html","title":{"rendered":"Assault and Battery Overview"},"content":{"rendered":"\n
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Assault and Battery Overview<\/h1>\n\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Battery is the intentional act of making contact with another person in a harmful or offensive manner. Depending on the jurisdiction, assault is either the same act or is an attempt or threat to cause bodily injury. An assault typically places the victim in apprehension of, or fear of, imminent bodily harm.<\/p>\n\n <\/div>\n\n\n\n

Some jurisdictions have moved away from the term battery<\/a>\u00a0and now only prosecute varying degrees of assault<\/a>. In most states, a person commits assault and battery when they strike or attempt to strike another or when they act in a threatening manner to put another in fear of immediate harm.<\/p>\n

Some states also have a separate category for aggravated<\/a> assault or battery. There are many ways to heighten assault. For example, causing a serious bodily injury<\/a> or using a deadly weapon<\/a> are aggravating factors. Some jurisdictions consider intentionally harming vulnerable individuals as aggravated assault.<\/p>\n

This article provides an in-depth look at both offenses and their elements. For help with a specific case, get advice from a criminal defense lawyer<\/a> in your area.<\/p>\n

Intent Requirement in Assault Cases<\/h2>\n

Intent is a necessary element of these crimes. Accidentally knocking someone over usually will not result in a battery. Battery generally does not require any specific intent to harm the victim,\u00a0although such intent often exists in battery cases. Instead, a person only needs the intent to cause offensive contact with another.<\/p>\n

Additionally, if someone acts in a criminally reckless<\/a> or negligent<\/a> manner that results in such contact, it may constitute a battery. Accidentally bumping into someone,\u00a0as offensive as the victim might consider it to be,\u00a0likely is not a criminal battery.<\/p>\n

What if Brad were to run through a crowd of people aimlessly swinging a bat, for example? While doing so, Brad hits Cole. Brad didn’t set out to hit Cole with the bat, but\u00a0his actions of\u00a0running through the crowd while\u00a0swinging the bat\u00a0were reckless and carried with them the real possibility that someone would be hit. Brad could be charged with battery in this case.<\/p>\n

Criminal Battery<\/h2>\n

Although the statutes defining battery<\/a> vary by jurisdiction, a typical definition for battery is the intentional unlawful touching of another person without their consent. Under this general definition, a battery offense requires all of the following:<\/p>\n