Battery
When an individual touches, strikes or hits another person against that person's will, this may be considered battery, a crime that may be charged as a misdemeanor or felony. The specific definition of battery will vary depending on state law, as will the penalties that may be enforced upon a conviction. This is a criminal offense which may result in jail time, fines and other penalties. Battery can be committed even when the victim him or herself is not touched - as touching or hitting an object intimately associated with the victim can still constitute battery.
For example, pulling a person's shirt, knocking a chair they are sitting on or actually striking, touching or fondling a person may qualify as battery. Some forms of battery charges include: sexual battery, simple battery and aggravated battery. Simple battery involves the most basic form of the offense. Sexual battery involves battery of a sexual nature, whether meant to arouse the offender or offend the victim. Aggravated battery may include battery with a deadly
weapon or battery against a police officer, public official, elderly person, child or pregnant woman.
The Elements of a Battery Case
Though the specific circumstances may vary, the following typically must be proven for a prosecuting attorney to secure a conviction:
- The defendant committed the act;
- The defendant acted intentionally to cause harm or offense; and
- The victim suffered from harmful or offensive contact.
The elements of a specific case may vary, particularly depending on the state in which the alleged act occurred. One particularly important factor, however, will be the intent of the defendant. Accidentally touching another person in an inappropriate manner, for example, would not constitute battery because the intent of the defendant was not present. The same principle may apply if the defendant did not act to intentionally harm the victim.
