What is the meaning of battery in legal terms?
Purposely touching or applying force on other persons or things related to the person without his consent with the intention to harm the person is known as a battery. It is only considered when there is an actual physical contact without the consent of the person to harm the person. Civil Battery.
What happens when someone is charged with battery?
If a battery results in serious bodily injury, it can also be charged as a misdemeanor or a felony under California Penal Code Section 243(d). If charged as a misdemeanor, it can carry up to one year in county jail. If charged as a felony, it can carry a prison sentence of two, three, or four years.
What can you be charged with for battery?
California Penal Code 242 PC defines the crime of battery as “any willful and unlawful use of force or violence upon the person of another.” The offense can be charged even if the victim does not suffer an injury or any pain. All that is required is that the defendant touched the person in an offensive way.
Is battery considered a violent crime?
Assault and battery are two violent crimes that involve threatening harm or causing actual harm to another person. Additionally, many states apply a more serious charge of aggravated assault or battery when severe injury occurs or the act is committed with a deadly weapon.
Is battery a criminal or civil case?
Battery is the intentional touching or use of force by one person to another person. Battery is both a civil tort and a criminal act, but the standards that define the action in each are somewhat different. There are times when the battery is not preceded by any verbal threat.
How serious is battery charge?
Battery is a specific common law misdemeanor, although the term is used more generally to refer to any unlawful offensive physical contact with another person, and may be a misdemeanor or a felony, depending on the circumstances.
Is battery a misdemeanor or felony?
Is battery a specific intent crime?
Most crimes require general intent, meaning that the prosecution must prove only that the accused meant to do an act prohibited by law. Example: A state’s law defines battery as “intentional and harmful physical contact with another person.” This terminology makes battery a general intent crime.
How bad is battery charge?
Most cases of simple battery in California are charged as misdemeanors. The penalties may include: imprisonment in county jail for up to six months, and/or. a maximum fine of $2,000.
Why is battery a general intent crime?
A common example of a general intent crime is battery. It is a general intent crime because the prosecution only needs to prove that you “intentionally or recklessly touched a person in a harmful or offensive manner” to convict you of battery.
What is a legal battery charge?
Legal Representation. A charge of battery is a very serious matter, and the person facing the charges should seek legal representation. The outcome of the case can have a great impact on a person’s life, and an attorney experienced in criminal law can guide a defendant through the court process.
What does battery mean in law?
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 (e.g. a hat, a purse).
What does battery mean legally?
Battery is a criminal offense which involves unlawful physical contact. Based on the United States legal system, criminal battery, or simply battery, is the use of force against another individual which directly results in offensive or harmful contact.
What does being charged with battery mean?
Battery is an offence usually treated as a misdemeanor. A defendant is charged with aggravated battery if he is believed to have intended to cause severe harm or death. A victim of battery may suffer from psychological trauma indefinitely.
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