Also known as: simple batteries · battery
Written by attorneys · grounded in primary & secondary sources — see below
A misdemeanor consisting of the unlawful application of force to the person of another that results in bodily injury or an offensive touching. The force need not be applied directly and specific intent is not required. General intent or criminal negligence suffices.
Sebastian Santos lightly shoved Simon Stern during a heated discussion at a bar. The contact caused no injury and was not serious. Because the battery was trivial rather than serious, it supplied no adequate provocation to reduce a later killing to voluntary manslaughter.
Stella Shapiro grabbed Sarah Sullivan by the arm and pulled her aside in a narrow hallway. The contact was intentional and offensive. The resulting liability for battery attached even though no lasting physical harm occurred.
Stephen Shaw gave Santiago Sanchez a light push after an exchange of words. The push produced no injury and qualified only as a trivial battery. It therefore supplied no legally adequate provocation for voluntary manslaughter.
Select any source to read its text and confirm it supports the definition.
Simon Stern deliberately bumped into Sebastian Santos while walking past him on a sidewalk. The contact caused minor pain. Because the harmful contact resulted directly from Stern's own act, liability for battery followed.
Sarah Sullivan shoved Stephen Shaw during a workplace dispute. The shove was a serious battery that caused him to fall and suffer injury. The incident therefore qualified as adequate provocation under common-law standards.
Santiago Sanchez flicked Stella Shapiro on the ear as a joke. The contact was intentional and offensive though it caused no physical injury. Liability for battery attached because the act was done with intent to cause offensive contact.
Simple battery is a misdemeanor involving unlawful force that causes bodily injury or offensive touching. Aggravated battery typically involves more serious injury, use of a deadly weapon, or other statutory enhancements that elevate the offense to a felony.
Supporting sources
No. General intent or even criminal negligence is sufficient. The defendant need only intend the act that results in the contact. Intent to cause the resulting harm is not required.
Supporting sources
No. At common law, trivial battery is legally inadequate provocation and does not reduce murder to voluntary manslaughter, unlike a serious battery inflicted on the defendant or a close relative.
Yes. The force need not be applied directly by the defendant's body. It is enough if the defendant sets in motion a force or substance that produces the contact.
Supporting sources
Yes. Intent to cause an offensive contact that actually occurs is enough for battery even if no physical harm results.
…that "[a]t common law, even the touching of one person by another without consent and without legal justification was a battery." We then discussed the related rule that "informed consent is generally required for medical treatment." After reviewing a long line of relevant state cases, we concluded that "the…