Quick Answer: What Does Battery On A Person Mean?

Is it poisoning someone’s battery?

Battery may be committed either by directly touching a person or indirectly applying force to him.

Consequently, one may commit a battery by causing injury through poisoning.

One may also be liable for directing another person to make a physical contact..

What happens when you get charged with battery?

Most basic criminal battery charges are misdemeanor level offenses. This means that the punishment range is probation or up to two years in jail. … If a criminal battery charge involves aggravating circumstances, then the criminal battery charge can be enhanced to a felony level offense.

Is simple battery a violent crime?

Misdemeanor Battery vs. Battery is a “wobbler” and may be charged as either a misdemeanor or a felony depending on the existence and extent of any injuries to the alleged victim. … Felony battery is considered a “violent felony” and may be charged as a “strike” under California’s three strikes law.

How long does a battery charge stay on your record?

It stays on your record forever unless you take action to remove it. You must have at least three years from the date of conviction as a bare minimum to qualify. The statute is kind of a pain, so if you have any other criminal convictions, it may complicate the process or prevent you from getting the matter expunged.

What is a battery offense?

Definition. 1. In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person’s consent. 2. In tort law, the intentional causation of harmful or offensive contact with another’s person without that person’s consent.

What is the average sentence for battery?

A “battery” in simple terms is when you strike or attack someone without cause or provocation. It can be filed as either a misdemeanor or felony depending on the circumstances of the fight and the injuries sustained by the victim. Misdemeanor battery generally carries a jail sentence of not more than one year.

What is battery on a person?

Battery is, in many ways, the completion of an assault. Battery is defined as an intentional offensive or harmful touching of another person that is done without his or her consent. Since an assault is the threatening of harm, and a battery is the actual act of harm, the two crimes are often charged together.

What is battery Crime examples?

For example: Simple battery may include any form of non-consensual harmful or insulting contact, regardless of the injury caused. Criminal battery requires intent to inflict an injury on another. … Aggravated battery charges may occur when a battery causes serious bodily injury or permanent disfigurement.

Generally, you may touch someone if you have a legal right to do so, or if you have his/her permission, such as by custom, or incidental to a sport. Consult the laws of your own state.

How serious is a battery charge?

Simple battery as a misdemeanor crime will usually result in small criminal fines, and/or a maximum jail sentence of one year. … The more severe forms of battery, such as aggravated battery or sexual battery, will usually result in felony charges. Felony charges carry more severe legal consequences and punishments.

How do you prove a battery?

To prove that criminal battery has occurred, the prosecution must demonstrate the following:The defendant engaged in a voluntary physical act;The voluntary physical act involved the application of force to another person; … The application of force resulted in contact that was either harmful or offensive to the victim;

What is an example of battery?

Under the criminal law in most states, battery is the intentional touching of – or use of force to touch – another in an offensive or injurious manner. … For example, an actor who sets his dog upon another individual causing injury is guilty of battery.

Is yelling in someone’s face assault?

There is no specific offence called “screaming in someone’s face” but depending on the exact situation it is likely to constitute an offence such as harassment, assault (putting someone in credible fear of being attacked is assault and randomly yelling in a stranger’s face could be seen as such) or – most likely – a …

Which is worse assault or battery?

If the victim has not actually been touched, but only threatened (or someone attempted to touch them), then the crime is assault. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this might be battery.

Is fighting a cop a felony?

Assaulting, resisting, or impeding certain United States Government officers or employees is an offense under 18 U.S.C. § 111. Simple assault is a class A misdemeanor, but if physical contact occurs, the offense is a class D felony. If a deadly weapon is used or bodily injury is inflicted, it is a class C felony.