Battery (crime)

From ArticleWorld


Battery is a crime committed by touching another person intentionally in an offensive manner without the other's consent. It operates upon the principle that each one has a personal space which others may not intrude upon without the other's consent.

Battery is a different crime than assault because in battery, there is an actual touching of the victim while in assault, there is only a threat to touch or inflict harm against another. It is said that assault is a crime preparatory to the commission of battery.

Kinds

  1. Simple battery involves the infliction of harm to another, regardless of whether or not there was injury caused. This crime is considered as a misdemeanor and is punishable by fine or imprisonment of less than a year.
  2. Battery that is sexual in nature means touching another person’s private body parts.
  3. Battery involving family is a crime inflicted on immediate members of the family of the accused like a spouse or child.
  4. Serious battery, which causes serious injury to the victim, is a felony and is punishable by imprisonment or even death.

Aggravated battery

Battery becomes aggravated when the victim is

  • a child, a police officer or a woman
  • when battery results to serious injuries
  • when battery is committed with the use of weapons that can kill or cause death

The elements of battery are the actual touching, another person who has been touched and the touching must be unlawful or without the consent of the victim.