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).

Simple battery is not accompanied by aggravating circumstances and does not result in serious bodily harm. A simple battery is usually categorized as a misdemeanor, but may be considered a felony in certain situations (i.e. if the victim is a minor).

Aggravated battery is a criminal battery that occurs in circumstances that make the crime more severe. Such aggravating circumstances include the use of a deadly weapon in the commission of the battery or the fact that the battery results in serious bodily harm. Aggravated assault is usually classified as both a misdemeanor and a felony.

Model Penal Code

The Model Penal Code consolidates battery with various offenses involving danger to the person. Therefore, rather than having an individual section that addresses battery, the Code intertwines battery with assault, murder, kidnapping, or sexual offenses.

Common Defenses

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