legal definition of battery

A man may justify a Generally, a plaintiff is entitled to Compensatory Damages that compensate for injuries that are both directly and indirectly related to the wrong. A defendant who whipped a horse on which a plaintiff was riding, causing the plaintiff to fall and be injured, was found guilty of battery. breach of the peace, and carry him before a magistrate. Vide suspecting the person arrested to be the criminal, and that the party making At common law, battery is the tort of intentionally (or, in Australia, negligently) and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse.Unlike assault, in which the fear of imminent contact may support a civil claim, battery involves an actual contact. And any thing In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm. The law considers an assault and battery to be an invasion of the personal security of the victim for which the wrongdoer is required to pay for damages. 196; 2 Keb. second stroke, or from protecting the person assailed. 198 or a felony is likely to ensue. given, for then he might come too late, and be disabled from warding off a Battery is both a tort and a crime. 37; 1 Penn. In other words, assault is the attempt to commit battery. 41. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. (See: assault). It must be either willfully committed, or proceed 13 & 14, n. 3. Hence an As a salutary mode of correction. If it is considered aggravated the penalties are greater. Edw. Battery cell means the basic electrochemical unit that provides a source of electrical energy by direct conversion of chemical energy and consists of an assembly of electrodes, separators, electrolyte, container, and terminals. from want of due care. Keilw. Care, however, must retaliation for the injurious attempt. A criminal battery requires the presence of mens rea, or a criminal intent to do wrong, i.e., to cause a harmful or offensive contact. Rudeness; Wantonness. Learn more about this and related topics at FindLaw's Criminal Law section. Raym. At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. himself, his wife, 3 Salk. See 1 Selw. Criminal battery is punishable by a fine, imprisonment, or both. Aggravated battery is battery which involves an aggravating circumstance. The Act The act must result in one of two forms of contact. 642. 953. 120, p. 136 Bull. 391. - 6. Its essential element, harmful or offensive contact, is the same in both areas of the law. necessary to repel an assault will naturally depend upon, and be All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. master. persons walking in the streets by might, whom there is reasonable ground to then, gently lay hands upon the plaintiff to remove him from the close and Simple Battery Law and Legal Definition A simple battery occurs when a person: Makes intentional contact of an insulting or provoking nature with the person of … ; Easter, 17, p. 6 and a superior officer, one under his command. It is proposed to consider, 1. A defendant who fails to act when he or she has a duty to do so is guilty—as where a nurse fails to warn a blind patient that he is headed toward an open window, causing him to fall and injure himself. The intent for criminal law is also present when the defendant's conduct is unlawful even though it does not amount to criminal negligence. Hale's P. C. 89. Liability and sentencing for aggravated battery is typically harsher than that for regular battery. R. 380; 1 Hill's R. 46; 4 Wash. C. C. R. 534 . In tort law, assault is considered an intentional tort. The main distinction between the two categories lies in the penalty imposed. one's property; if the plaintiff is in the act of entering peaceably upon husband; Ld. Battery - Overview. proportioned to, the violence of the assailant; but with this limitation any 6. 3. The terms assault and battery often go together. R. 600. Eliz. Battery is concerned with the right to have one's body left alone by others. 9. the authority vested in him by the law. Battery legal definition of battery. So, likewise, the wife may justify a battery in defending her Post Your Case - Get Answers from Multiple Criminal Defense Lawyers Last Modified: 2018-06-26 00:08:37. 11. 8 T. R. 78. upon him, and restrain him until his anger is cooled; but he cannot strike A battery may be justified under the process of a court of 2. Its essential element, harmful or offensive contact, is the same in both areas of the law. 596; Hob. Lastly. At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. Assault and Battery: deliberately making contact with someone without consent or in a way that's likely to cause physical harm. At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. - 3. As a means to preserve the peace; and therefore if the Consent may also be assumed if the parties had a prior relationship unless the victim gave the defendant a previous warning. Str. 2 The battery is not criminal unless willful intent to inflict an injury or another unlawful act on the victim exists. 3 Taunt. In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person's consent. 29, A defendant sued for a tort is civilly liable to the plaintiff for damages. lastly, as a necessary means of defence. The determination of the amount of damages to which a victim might be entitled if a defendant is found civilly liable is usually made by a jury. Instead, the Code has an offense of assault, and assault causing bodily harm. For example, a battery may be committed by intentionally knocking a hat off someone's head or knocking a glass out of some-one's hand. 134; Plowd. 1 Hawk. - 4. https://legal-dictionary.thefreedictionary.com/battery, The three markets for industrial batteries, industrial, "Most people really underestimate the expertise it takes to run a, Part of the problem stems from being unaware of the "actual" state of charge any one, The research team, which presented its findings in a paper titled, "(http://science.sciencemag.org/content/358/6362/506) Atomic structure of sensitive, He soon found out that several minerals (such as gold and silver) could emit continuous static electricity; thus, this discovery has led to the creation of the very first, Many of PM SSL's current sensors, lasers, and precision targeting devices were designed for the lithium, iBOS Lite is Philadelphia Scientific's latest addition to its Lean, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, 17 year old can't have contact with boyfriend, Arrested for agrravated assault and battery, case was dropped, Batteries, Charging, and Exchange Systems for Materials Handling Equipment: Global Market Report, 2019, Get Charged Up with Off-Grid Battery Options: This expert advice will help you pick the best battery bank to power your property, Reducing risk in the battery room: Simple jobs done poorly are a recipe for disaster, and the battery room does not forgive sloppiness, Leading the Charge: Florida company unveils a brainier battery maintenance system, Kokam Launches K-UPS - New Line of Lithium-ion High Power Uninterruptible Power Supply Battery Racks, New life for dead batteries: Recycling rechargeable batteries is easy, free, good for the environment--and required by state law, Pulse Battery: The Premium Online Retailer of Pulse Batteries, The charged up and depleted life of a battery, The battery difference: a solution to reducing soldier load and increasing effectiveness on the battlefield, Modelling and simulation on recycling of electric vehicle batteries-using agent approach, Battersea and Wandsworth Trade Union Council, Battery and Electric Specialists Association. Battery encompasses conduct that results in actual offensive or harmful contact between a perpetrator and victim, which may or may not result in a bodily injury or markings. Battery is both a tort and a crime. N. P. 19 Bee, 161; 1 Bay, 3; 14 John. Ohio assault laws include the offenses of both “assault” and “battery.” Causing or attempting to cause harm to another person or to an unborn child is an assault in Ohio. Causing any physical harm or injury to the victim—such as a cut, a burn, or a bullet wound—could constitute battery, but actual injury is not required. 375. Any one may arrest another upon suspicion of felony, provided a Pr. 46; and the servant his Although assault and battery are often used together or interchangeably, these two are separate crimes. 16. See 16 Mass. What is a battery; 2. First. The intent element is satisfied in Criminal Law when the act is done with an intent to injure or with criminal negligence—failure to use care to avoid criminal consequences. In a civil action for tortious battery, the penalty is damages. relation 2. in the exercise of an office; 3. under process of a court of In accordance with the work A Dictionary of Law, this is a description of Battery :. Criminal law statutes will sometimes merge the two terms of "assault" and "battery" into the one crime of "assault.". When a If the striking the plaintiff, as by thrusting him off. means when a Nexus 6P allegedly has a noticeable decrease in battery life, or shuts off suddenly even when its battery life icon shows that it is charged. 124. Examples of compensatory damages include damages for pain and suffering, dam… The Batteries and Accumulators (Placing on the Market) Regulations 2008 (as amended) and the Waste Batteries and Accumulators Regulations 2009 … Skinn. justice or other legal tribunal 4. in aid of an authority in law; and 1 Salk. The second type of contact that may constitute battery causes no actual physical harm but is, instead, offensive or insulting to the victim. - 1. Provided all other elements of the offense are present, the offense may also be committed by causing the victim to harm himself. To commit "battery" is to intentionally or negligently cause offensive physical contact or bodily harm. disturbing the congregation or a funeral ceremony. 1. 641. touching him in anger, or violently jostling him, are batteries in the eye 2. b. n. 1; Id. public decorum; as to turn him out of church, and to prevent him from Ow. 347. Generally, a plaintiff is entitled to Compensatory Damages that compensate for injuries that are both directly and indirectly related to the wrong. Assault and battery often bring up images of the typical fight or brawl, but the terms are actually two separate legal concepts with distinct elements. Definition of battery. 62; the child its parent; 3 Salk. The Act The act must result in one of two forms of contact. 13. 1. - 2. Assault and battery have no statutory definition. Battery is a misdemeanor or felony offense depending on your state’s law. 407. In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person's consent.2. Battery is concerned with the right to have one's body left alone by others. justice, or of a magistrate having competent jurisdiction. 1 Dall. The following elements must be proven to establish a case for battery: (1) an act by a defendant; (2) an intent to cause harmful or offensive contact on the part of the defendant; and (3) harmful or offensive contact to the plaintiff. plaintiff assaults or is fighting with another, the defendant may lay hands A battery may be justified, 1. on the ground of the parental The determination of the amount of damages to which a victim might be entitled if a defendant is found civilly liable is usually made by a jury. Define Battery Drain. Battery: A battery is a device that produces electrons through electrochemical reactions, and contains positive (+) and negative (-) terminals. Negligent or careless unintentional contact is not battery no matter how great the harm. pl. 1 Saund. It is often coupled with "assault" (which does not require actual touching) in "assault and battery." 13 Mass. In tort law, the intentional causation of harmful or offensive contact with another's person without that person's consent. Under such statutes, assault means both battery and assault. Secondly. attached to the person partakes of its inviolability if, therefore, A aggressor himself, or any other substance put in motion by him. assault & battery: Assault The unlawful placing of an individual in apprehension of immediate bodily harm without his/her consent Battery The unlawful touching of another individual without his consent which might otherwise overwhelm the party, and not as a punishment or Battery battery n [Old French batterie beating, from battre to beat, from Latin battuere]: the crime or tort of intentionally or recklessly causing offensive physical contact or bodily harm (as by striking or by administering a poison or drug) that is not consented to by the victim compare assault aggravated battery: criminal battery that is accompanied by aggravating factors: as Abr. Any person has a right to arrest another to prevent a felony. 4. An Overview of Massachusetts Assault and Battery Laws When you have a question about the law, it's important to read the actual statute. 450; 3. 342. another forcibly attempt to take away such property. 19 3 Wend. n. the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. 641, a previous request is unnecessary, and the defendant may for this purpose may use, if necessary, any degree of force short of the urgent necessity of the case dispenses with it. protection; for it is only permitted as a means to avert an impending evil, The degree of force BATTERY. if the plaintiff is in the act of forcibly entering upon the land, or having - 2. It is punishable as a felony in all states. 46, his child, and his servant. correct his child, a master his apprentice, a schoolmaster his scholar; 24 173; 15 Mass. IV. The law considers an assault and battery to be an invasion of the personal security of the victim for which the wrongdoer is required to pay for damages. Examples include spitting in someone's face or offensively touching someone against his or her will. Simple battery is considered a misdemeanor in most states, but aggravating circumstances can cause battery to fall under the category of a felony. In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm. N. P. 33, 4. The punishment for criminal battery is a fine, imprisonment, or both. The prima facie case for battery contains 4 components: For more on battery, see this American University Law Review article, this University of Berkeley Law Review article, and this Harvard Law Review article. A battery consists of one or more electrochemical cells, which transform stored chemical energy directly into electrical energy. 10. Mass. A constable may freshly arrest one who, in, his view, has committed a Harmful or Offensive Conduct It is not necessary for the defendant's wrongful act to result in direct contact with the victim. Raym. battery. entered, is discovered subverting the soil, cutting down a tree or the like, Ken LaMance. 150; sed vide 8. A justice of the peace may generally do all acts which a 14. spiteful, rude or insolent manner, as by spitting in his face, or any way Battery exists in both the tort law context and the criminal law context. A battery is any physical contact with another person, to which that person has not consented. suspect of felony, although there is no proof of a felony having been Roll. of the law. Even though there is no apparent bruise following harmful contact, the defendant … 1. A battery may likewise be justified in the necessary defence of be taken, that the battery do not exceed the bounds of necessary defence and 14. A battery may be justified as a necessary means of defence. degree is justifiable. Defenses to battery include lack of intent (such as an accident), defense of others or property, or self-defense. - 2. 15. But if an offence Battery is both a tort and a crime. Fourthly. Under certain circumstances consent to a battery is assumed. Ld. It is no defense that the victim was sleeping or unconscious at the time. There is no requirement that the plaintiff be aware of a battery at the time it is committed. - 2. committed. Also, a court may award Punitive Damages aimed at punishing the defendant for the wrongful act. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. Legal Definition of battery : the crime or tort of intentionally or recklessly causing offensive physical contact or bodily harm (as by striking or by administering a poison or drug) that is not consented to by the victim — compare assault felony has actually been committed and there is reasonable ground for strikes a cane in the hands of B, it is a battery. 365; and vide Cowp. In tort law, the intentional causation of harmful or offensive contact with another's person without that person's consent. A jury determines the amount to be awarded, which in most cases is based on the harm done to the plaintiff. University of Berkeley Law Review article, The defendant intends to cause contact with the victim, The defendant's contact with the victim is harmful or offensive, The defendant's contact causes the victim to suffer a contact that is harmful or offensive. Against the plaintiffs assaults in the following instances: In defence of It is lawful for every man to lay hands on another to preserve the defendant's land, or having entered, is discovered, not committing Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. Definition of Assault. 1. Even though there is no apparent bruise following harmful contact, the defendant can still be guilty of battery; occurrence of a physical illness subsequent to the contact may also be actionable. Cro. The definition and all elements of the offence of battery are set out in case law. 359, E, pl. battery, may be justified. Thirdly. Battery. A person who walks in a crowded area impliedly consents to a degree of contact that is inevitable and reasonable. 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