{"id":388223,"date":"2026-01-13T15:51:09","date_gmt":"2026-01-13T20:51:09","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=388223"},"modified":"2026-01-13T15:32:16","modified_gmt":"2026-01-13T20:32:16","slug":"what-is-the-crime-of-battery","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/what-is-the-crime-of-battery.html","title":{"rendered":"What Is the Crime of Battery?"},"content":{"rendered":"\n
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What Is the Crime of Battery?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, 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 defined as the intentional and unlawful use of force<\/span> or harmful contact against another person. It is a criminal offense that can be charged as either a misdemeanor or felony, depending on the severity of the harm caused. Battery differs from assault, which typically involves the threat or attempt of harmful contact rather than actual physical contact<\/span>.<\/p>\n\n <\/div>\n\n\n\n

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<\/span> that differs from the crime of assault. To confuse matters further, the intentional torts of assault and battery<\/a> can be grounds for civil lawsuits without being criminal offenses.<\/p>\n

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

In this article, we\u2019ll explain the main differences between the criminal charges<\/span> of battery and assault. Keep in mind that exact definitions vary by state, so it\u2019s best to consult a local defense attorney<\/a> if you\u2019re facing criminal charges<\/span>.<\/p>\n

Criminal Battery<\/h2>\n

Criminal battery is considered harmful, intentional contact, but the details vary by state. For instance, California\u2019s definition of battery<\/a> is \u201cany willful and unlawful use of force<\/span> or violence upon the person of another.\u201d<\/p>\n

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.<\/p>\n

Battery is a serious crime<\/span>. It can be charged as either a misdemeanor or a felony, depending on the amount and severity of physical harm<\/span> inflicted.<\/p>\n

Simple Battery<\/span><\/h3>\n

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

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

Aggravated Battery<\/span><\/h3>\n

Aggravated battery<\/span> can either involve the use of more dangerous weapons or battery against certain statutorily defined individuals. Aggravating factors<\/span> in felony battery<\/span> can include:<\/p>\n