What does battery mean in law
What is difference between assault and battery?
In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm.
What crimes are considered battery?
The crime of battery is the intentional touching of another in an angry manner or the intentional use of force or violence against another. Grabbing someone’s arm, pushing or punching a person, or striking a victim with an object all are crimes of battery.
Why is the crime called battery?
Battery was defined at common law as “any unlawful and or unwanted touching of the person of another by the aggressor, or by a substance put in motion by him.” In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording.
Which is worse assault or battery?
If the victim has not actually been touched, but only threatened with physical harm (or a person 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 battery a violent crime?
Assault and battery are two violent crimes that involve threatening harm or causing actual harm to another person. In some states, assault and battery remain two separate crimes, while others have slowly merged the two into one general crime.
Is battery worse than domestic violence?
Battery is defined as the willful and unlawful use of force or violence upon another under California Penal Code 242. Simple battery is punishable by up to six months in a county jail and/or a fine of up to $2,000. … Domestic battery is the least serious of the California domestic violence crimes.
What is the punishment for battery?
Penalties for a Battery Charge
The penalties for battery range from misdemeanor charges with less than 30 days in jail to substantial prison terms that include life in prison. States usually describe the possible range of sentences in their laws.
Can you have battery without assault?
Battery also differs from assault in that it does not require the victim to be in apprehension of harm. In short, one can have an assault without a battery and a battery without an assault, but in most cases, battery follows an assault.
Is battery the same thing as domestic violence?
Domestic Battery is a charge that falls under the umbrella of Domestic Violence.
What is the punishment for battery committed against a boyfriend or girlfriend?
California Penal Code 243e1 PC prohibits domestic battery, which is the use of force or violence against a spouse or former spouse, fiancé, dating partner, or the other parent of your child. The offense is a misdemeanor punishable by probation, fines, domestic violence classes, and up to one year in county jail.
Whats the difference between battery and domestic?
Any act that could be expected to cause injury is also considered battery. Domestic battery includes punching, slapping, pushing, choking and any other physical abuse. Throwing objects and the use of weapons is also considered battery and can have additional consequences.
What does simple battery mean?
Simple battery occurs when a person unlawfully touches another person with force or violence. The touching that occurs and is considered “simple battery,” does not have to actually cause any harm or injury.
What is the difference between simple battery and battery?
Essentially, simple battery can be described as a less aggravated form of the battery crime as it doesn’t involve serious bodily harm (like a broken arm). Battery often occurs in the context of physical altercations but it can extend to several other instances.
Is simple battery domestic?
Domestic Battery and Simple Battery are essentially the same crime. A battery is defined as the unlawful touching of another without their consent. The big difference between Domestic versus Simple Battery is the punishments associated with the crime and the legal ramifications down the road.
Can a simple battery be expunged?
In order to pursue expungement of your criminal record, you will need to meet with an attorney to get help filing a Petition for Expungement, setting a hearing date, and serving the DA with a copy of the Petition. …
What does simple domestic battery mean?
Domestic battery is willfully touching an intimate partner in a harmful way. The legal definition of domestic battery is (1) any willful and unlawful touching, (2) that is harmful or offensive and (3) is committed against an intimate partner.
What is battery on spouse?
In other words, battery on a spouse is when you willfully commit an offensive touching against a spouse, significant other or former significant other. In order to be convicted of this crime, the prosecution must prove that you have or had a romantic relationship with the alleged victim.
What does battery of a dating partner mean?
A. Battery of a dating partner is the intentional use of force or violence committed by one dating partner upon the person of another dating partner.
How bad is domestic battery?
Domestic Battery under PC 243(e)(1) is a misdemeanor and is the least serious charge under California’s domestic violence laws. … any willful and unlawful use of force or violence up the person of another.” 2. See PC 243(e)(1), footnote 1 above.
What is battery on former companion?
California Penal Code Section 243(e)(1) — California’s law on domestic battery – defines this offense as a “battery” committed against a person with whom you have an intimate relationship1. You commit domestic battery if you willfully or unlawfully touched an intimate partner and inflicted force or violence.
What is 11377 a HS?
California Health & Safety Code 11377(a) makes it a crime to possess methamphetamines for personal use. Possession of methamphetamine is described under California Health and Safety Code 11377(a).
Is battery a felony in California?
If a battery results in serious bodily injury, it can also be charged as a misdemeanor or a felony under California Penal Code Section 243(d). … If charged as a felony, it can carry a prison sentence of two, three, or four years. Also, as a felony, this charge falls under California’s Three Strikes law.