{"id":353455,"date":"2016-04-04T10:46:59","date_gmt":"2016-04-04T15:46:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/elements-of-a-battery.html"},"modified":"2023-06-30T11:05:32","modified_gmt":"2023-06-30T16:05:32","slug":"elements-of-a-battery","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/elements-of-a-battery.html","title":{"rendered":"Elements of a Battery Claim"},"content":{"rendered":"\n
\n

Elements of a Battery Claim<\/h1>\n\n
\n
\n By Robert Rafii, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

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
\n

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

\n

Battery is an intentional tort, which is a type of civil claim for a wrong arising from an intentional act. Suing for battery can help you get compensation for your losses, but you’ll need to prove all elements of the claim.<\/p>\n\n <\/div>\n\n\n\n

Committing a battery is, of course, a crime. In a criminal case, the prosecutor must prove several elements of the crime to secure a conviction. But a battery incident doesn’t necessarily end with a criminal verdict.<\/p>\n

Battery can also be a civil tort. In a civil lawsuit, the person who was the target of a battery can seek compensation from the person who committed it. This option can be especially useful when a battery causes severe injuries and the victim has expensive medical bills.<\/p>\n

Yet, criminal liability and civil liability are determined in separate cases. Battery can also overlap with assault in both criminal and civil cases.<\/p>\n

The legal elements of a battery include:<\/p>\n