What is the crime of battery?
Battery is a criminal offense involving the unlawful physical acting upon a threat, distinct from assault which is the act of creating apprehension of such contact. In most cases, battery is now governed by statutes, and its severity is determined by the law of the specific jurisdiction.
Domestic battery charges start with a basic assault or battery allegation. The charge is also called domestic violence, domestic abuse, or assault family violence. Even though very similar to a regular criminal battery allegation, domestic battery charges can result in more severe consequences.
- Domestic violence (also named domestic abuse or family violence) is violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation.
- You may be wondering whether you, the victim, can drop the charges. The answer is no. Once the police or the State Prosecutor's Office has issued a charge of domestic violence, the victim has no authority to drop the charges. Domestic violence is a crime.
- Simple and Aggravated Assault. Simple assault, usually charged as a misdemeanor, is the least serious form of assault. It involves minor injury or a limited threat of violence. In states where assault is a physical attack, pushing someone or slapping someone in an argument are instances of simple assault.
In such jurisdictions, assault (also called attempted battery) is a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact, whereas battery is a physical act that results in that harmful or offensive contact.
- In such jurisdictions, assault (also called attempted battery) is a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact, whereas battery is a physical act that results in that harmful or offensive contact.
- In Florida, Felony Battery is any intentional and unconsented touching or striking, which results in great bodily harm to another person or which occurs after a previous conviction for battery. The offense is a third degree felony, with maximum penalties of up to 5 years in prison.
- While assault and battery are often treated as a single act, the two can be mutually exclusive. Likewise, a person can commit a battery without assaulting that person. For example, if Bob stabs you from behind without you witnessing the attack, then Bob is committing a battery without an assault.
Updated: 18th November 2019