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| Criminal law |
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| Part of the common law series |
| Criminal elements |
| Actus reus · Causation · Concurrence |
| Mens rea · Intention · Recklessness |
| Criminal negligence · Ignorantia juris… |
| Strict, Corporate & Vicarious liability |
| Crimes against people |
| Assault · Battery · Robbery |
| Sexual offences · Pimping · Rape |
| Kidnapping · Manslaughter · Murder |
| Crimes against property |
| Property damage · Arson |
| Theft · Burglary · Deception |
| Crimes against justice |
| Obstruction of justice · Bribery |
| Perjury · Malfeasance in office |
| Inchoate offenses |
| Attempt |
| Conspiracy · Accessory |
| Criminal defenses |
| Automatism, Intoxication & Mistake |
| Insanity · Diminished responsibility |
| Duress · Necessity |
| Provocation · Self defence |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
| Portals: Law · Criminal justice |
Battery is a term used by the common law jurisdictions, which involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Causation is the "causal relationship between conduct and result In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Robbery is the Crime of seizing Property through Violence or Intimidation. A pimp (also called fleshmonger) finds and manages clients for Prostitutes and engages them in Prostitution (in Brothels in most cases and Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Property damage (or in the United Kingdom, criminal damage) is damage to or the destruction of public or private Property, caused either by a In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a Malfeasance in office, or official misconduct, is the commission of an Unlawful act done in an official capacity which affects the performance of official duties Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal For a more detailed discussion of individual topics see Automatism (case law In the Criminal Law, automatism is a defense to liability Intoxication is the state of being affected by one or more psychoactive drugs. A mistake of fact may sometimes offer exculpation (as in Excuse) by allowing a criminal Defendant some relief from liability for having broken the In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that In Criminal law, diminished responsibility (or diminished capacity) is a potential defense by Excuse by which Defendants argue that For English law on the criminal defence see Duress in English law. In Criminal law, necessity may be either a possible justification or an exculpation for breaking the Law. Also see Provocation in English law. In Criminal law, provocation is a possible defense by excuse or exculpation The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Injury or bodily injury is Damage or Harm caused to the Structure or function of the Body caused by an outside agent or The term person is used in Common sense to mean an individual Human being. Inflicting Grievous Bodily Harm (often abbreviated to GBH) is a phrase used in English Criminal law which was introduced in sections 18 and 20
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United States
At common law, simple battery is a misdemeanor and the elements of the offense are:
The prosecutor must prove each element beyond a reasonable doubt. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive A misdemeanor, or misdemeanour, in many common law legal systems is a "lesser" criminal act The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law The common law elements serve as a basic template, but individual jurisdictions may alter them and they may vary slightly from state to state.
Under modern statutory schemes, battery is often broken down into gradations for the purposes of determining the severity of punishment. For example:
- Simple battery may include any form of non-consensual, harmful or insulting contact, regardless of the injury caused. Criminal battery requires an intent to inflict an injury on another, as distinguished from a tortious battery. At Common law, battery is the Tort of intentionally (or in Australia, negligently and voluntarily bringing about an unconsented harmful or offensive
- Sexual battery may be defined as non-consensual touching of the intimate parts of another. An organism's sex is defined by the gametes it produces males produce male gametes (spermatozoa or Sperm) while females produce female gametes (ova or Egg cells; individual
- Family violence battery may be limited in its scope between persons within a certain degree of relationship: statutes with respect to this offense have been enacted in response to increasing awareness of the problem of domestic violence. Domestic violence (also known as domestic abuse or spousal abuse) occurs when a family member partner or ex-partner attempts to physically or psychologically dominate
- Aggravated battery is generally regarded as a serious offense of felony grade, involving the loss of the victim's limb or some other type of permanent disfigurement of the victim. As successor to the common law crime of mayhem, this is sometimes subsumed in the definition of aggravated assault. Mayhem, under the Common law of crimes, consisted of the intentional and wanton removal of a body part that would handicap a person's ability to defend himself in Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand,
In some jurisdictions, battery has recently been constructed to include directing bodily secretions at another person without their permission. In some jurisdictions this automatically is considered aggravated battery.
In some jurisdictions, the charge of criminal battery also requires evidence of a mental state (mens rea). In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime.
Distinction Between Battery and Assault
As a first approximation to the distinction between battery and assault:
- the overt behavior of an assault might be A advancing upon B by chasing after him and swinging a fist at his head, while
- that of an act of battery might be A actually striking B. Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved
England and Wales
In the law of England and Wales, battery is not graded, although there are separate offences of an assault occasioning actual bodily harm and infliction of grievous bodily harm. Battery consists merely in unlawfully touching another (thus no particular injury is necessary). The offence is at common law (s.39 Criminal Justice Act 1988 only provides for court jurisdiction and sentencing). It is to be distinguished from an assault where the victim is caused to apprehend the immediate commission of a battery. English law also does not recognise any offence of sexual battery, rather having the offence of sexual assault which is the non-consensual touching of another in a sexual manners. 3 Sexual Offences Act 2003. There is no separare offence relating to incidents of domestic violence, except in the case of death where the offence of causing or allowing the death of a child or vulnerable adult may have been committed (s. 5 Domestic Violence, Crime and Victims Act 2004).
Under English law, a battery has only been committed if the correct mens rea can be proven. In the case of battery, the mens rea, or fault element, of the offence is intention or recklessness (see R v. Venna [1976] QB 421). A person acts intentionally in respect of a result when it is his purpose to bring it about or if he foresees that the result is a virtually certain consequence of his action and nonetheless acts (see R v. Woollin [1998] 4 All ER 103, although this decision specifically applies to the law of murder, it is generally accepted that this definition of intention applies throughout the criminal law). A person acts recklessly in respect of a result when he is aware of a risk that the result will occur if he acts and does so act where no reasonable person would (see R v. Cunningham [1957] 2 QB 396).
See also
Assault Occasioning Actual Bodily Harm (often abbreviated to Assault O In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Inflicting Grievous Bodily Harm (often abbreviated to GBH) is a phrase used in English Criminal law which was introduced in sections 18 and 20Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic