In both criminal and civil law, battery is any intentional act of touching or applying force to another person in a harmful or offensive manner, without their consent to do so. The term covers a wide range of physical contacts with each state maintaining specific statutes governing battery.
Generally, battery will result in misdemeanor criminal charges. As such, battery is typically punishable by criminal fees, and less than one year spent in jail. More serious forms of battery could result in more serious legal consequences, such as felony charges instead of simple misdemeanor charges.
Battery and assault are often mentioned together, but there are distinct differences between the two terms. Simply put, assault only involves the threat of harm, whereas battery entails actual physical contact between the assailant and the victim. While battery refers to any intentional act that causes harmful or offensive contact, assault is based on the threat of battery, or causing another person to fear or be apprehensive of an impending or immediate battery.
Most commonly, assault happens before a battery, and the defendant may be charged with both assault and battery. Some jurisdictions further define assault as an attempted battery, or as the intentional creation of fear of harm in the victim.
Battery charges are often grouped with assault charges to form a single charge labeled assault and battery. Every state has criminal statutes for assault and battery, meaning that both acts may result in prosecution by state courts resulting in fines and jail time. Additionally, many criminal statutes may vary regarding the specific conduct and intent necessary for prosecution as a crime.