Definition
Battery is the intentional and unlawful infliction of harmful or offensive physical contact upon another person without their consent. Unlike assault, which is the threat of contact, battery requires actual touching. The contact need not cause a visible injury—any contact a reasonable person would find harmful or offensive can qualify, although the precise definition varies by state.
Legal Meaning
Battery completes what assault only threatens. At common law the two were separate offenses: assault was the act that placed a victim in apprehension of imminent harm, and battery was the harmful or offensive contact itself. A person who swings a fist and misses commits an assault; a person who swings and connects commits a battery. The two often occur together, which is why some states charge them as a single "assault and battery" offense.
To prove criminal battery, the prosecution generally must establish three things: (1) an intentional act, (2) that resulted in harmful or offensive contact with another person, and (3) that the contact was without consent. The intent requirement focuses on the intent to make contact, not necessarily an intent to injure. This means a defendant can be guilty even if the resulting harm was greater than expected. The contact can be direct, such as a punch, or indirect, such as throwing an object or setting a trap that causes contact.
State laws differ sharply on how battery is defined and labeled. Some states have abolished the separate crime of battery and fold all such conduct into their "assault" statutes, punishing the threat and the contact under one heading. Others maintain a clear distinction. Because of this variation, the same shove or punch could be charged as "battery," "assault," or "assault and battery" depending on where it occurs. Always consult the specific statute and a local attorney.
Key Points
- Battery is actual harmful or offensive contact; assault is the threat of contact
- The contact need not cause visible injury—offensive touching can be enough
- Prosecutors must prove intentional contact without the victim's consent
- Intent means intent to make contact, not necessarily intent to cause serious harm
- Simple battery is usually a misdemeanor; aggravated battery is usually a felony
- Weapons, serious injury, or a protected victim can elevate the charge
- Many states merge battery into a combined "assault" or "assault and battery" statute
- Battery is both a crime and a civil tort the victim can sue over
Real-World Example
At a bar, Tyler becomes angry and throws a full glass of beer at Jordan, striking him in the chest and soaking his clothes. Even though Jordan suffers no physical injury, Tyler has committed a battery: he intentionally caused offensive contact with Jordan without consent. If the glass had shattered and cut Jordan, prosecutors might charge aggravated battery because the contact caused serious bodily injury and involved an object used as a weapon. The threat Tyler made just before throwing the glass—causing Jordan to flinch and brace for impact—could separately constitute assault in states that keep the offenses distinct.
Assault vs. Battery at a Glance
| Feature | Assault | Battery |
|---|---|---|
| Physical contact | Not required | Required |
| Core wrong | Fear of imminent harm | Actual harmful or offensive touching |
| Typical example | Raising a fist or pointing a weapon | Punching, shoving, or spitting on someone |
| Can occur alone? | Yes—without any contact | Yes—even by surprise, with no prior threat |
| State treatment | Often merged with battery | Often merged with assault |
Defenses to a Battery Charge
Several defenses may be available depending on the circumstances:
- Self-defense or defense of others: Using reasonable force to repel an imminent threat can justify contact. See self-defense for the rules on proportional force and the duty to retreat.
- Consent: Contact consented to—such as in boxing, football, or other contact sports—may not be battery.
- Lack of intent or accident: If the contact was truly accidental, the intent element is missing.
- Defense of property: Limited use of force to protect property may apply in some states, though deadly force is rarely allowed.
- Mistaken identity: Evidence that the defendant was not the person who made contact.
Related Terms
Charged With Battery?
A criminal defense attorney can challenge the evidence and protect your future
Find Criminal Defense HelpWhen You Need a Lawyer
If you are arrested for or charged with battery, you should speak with a criminal defense attorney right away. A lawyer can:
- Explain how your state defines battery and whether it is merged with assault
- Evaluate defenses such as self-defense, consent, accident, or mistaken identity
- Examine whether the contact and intent elements can actually be proven
- Negotiate to reduce an aggravated charge or secure a dismissal
- Advise you on plea options and the collateral consequences of a conviction
To understand how a criminal case differs from a lawsuit the victim might bring, read our guide on civil versus criminal cases, and explore our criminal defense practice area.
Frequently Asked Questions
What is the difference between assault and battery?
Battery is the actual harmful or offensive physical contact with another person, while assault is the threat or attempt that puts the victim in fear of that contact. You can commit assault without touching anyone, but battery always requires contact. Many states combine the two offenses, so the exact definitions depend on the jurisdiction.
Does battery require an injury?
No. Battery requires harmful or offensive contact, but the contact does not have to cause a visible injury. Even unwanted touching that a reasonable person would find offensive—such as spitting on someone or shoving them—can be battery. The degree of injury affects whether the charge is simple or aggravated and how severe the penalty is.
Is battery a felony or a misdemeanor?
Simple battery is usually a misdemeanor, while aggravated battery—involving a deadly weapon, serious bodily injury, or a protected victim—is typically a felony. The classification, penalties, and definitions are set by each state's criminal code, so identical conduct may be charged differently in different states.
What are common defenses to a battery charge?
Common defenses include self-defense or defense of others, consent, lack of intent, and accident. Because battery requires intentional contact, showing the contact was accidental or that the defendant reasonably acted to protect themselves can defeat the charge. Consent may apply in contexts like contact sports.
Can the same act lead to both criminal and civil battery cases?
Yes. Battery is both a crime prosecuted by the government and an intentional tort the victim can sue over for money damages. The criminal case can result in jail or fines, while the civil case can result in a damages award. The two are separate proceedings with different burdens of proof.