Battery

Background

Battery is use of force against another, which results in harmful or offensive contact. Generally a battery results from an act intended to cause such contact. There are three basic elements to criminal battery: 1) the defendant's conduct (act or failure to act); 2) his mental state (i.e. intent to kill or injure, criminal negligence, etc.); and 3) the harmful touching of the victim. Like assault, there may be different types of battery, with the most common being simple battery, aggravated battery, and sexual battery (i.e. rape).

Common Defenses

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