The Basics of Battery in Law

Battery is a somewhat common law term that many are familiar with, but few truly understand. Generally speaking, battery in law is defined as the offensive physical contact between two people that causes one person to feel apprehension, fear, or bodily harm. This type of physical contact is usually unpermitted and intentional and can occur between two people in a physical altercation or even between a victim and an assailant. In order for battery to take place, there does not need to be any physical harm done. The action of inflicting a battery is referred to as battery by statute.

The Elements of Battery

To assess battery according to the law, the elements must be examined. The elements of battery are considered a set “test” of sorts that must be met in order for battery to be considered a legal cause of action. There are four elements of battery that must be met in order to prove that a battery was enacted:

1. An act of force or violence must have occurred.

2. The act must have been intentional.

3. The act must have been against another person.

4. The act must have caused fear, apprehension, or bodily harm.

Proving Battery in Court

When it comes to court proceedings, the battery must be proven in order for the accused person to be convicted of the crime. This means that the prosecutor must have enough evidence to prove that the accused person intended to cause the other person fear, apprehension, or bodily harm. This is where video footage or witness testimony is often incredibly useful, providing evidence that can corroborate the events leading up to the alleged battery.

Most of the time, battery is prosecuted as a misdemeanor, although in situations where the alleged assailant caused serious injury to the victim, they may face more serious charges of felony assault or even aggravated assault. Depending on the state, the penalty for battery may include fines, jail time, or both.

In some cases, the defendant may be able to use the defense of “consent”. This would be used in the case of a contact sport such as boxing or football, for example, where participants consent to participating in a activity in which physical contact is explicit and expected. In this case, it is less likely that the defendant will be successfully charged for battery.

Overall, battery in law is a difficult concept to properly understand. It is critical to remember the elements of battery, as well ascertaining the applicable defense available in order to adequately represent a defendant in the case of a battery accusation.