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Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person.
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently [1]) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent.
Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land.. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. [1]
A battery can occur without a preceding assault, such as if a person is struck in the back of the head. An assault can be an attempted battery. I.e. 'If Henry points a gun at Thomas he has committed an assault. It makes no difference whether the gun is loaded,' [4] But 'Henry will only commit a battery if he shoots the gun and hits Thomas'. [4]
However, in R v Ireland [c 2] the court ruled out psychological injury by means of a telephone as a form of battery, although it was not an important point in the case as other charges were brought. [24] [25] Poisoning is not a battery where there is no accompanying violence. [25] The case of R v Brown [c 9] established a further requirement ...
Dustin B. Hackett, 29, of Bluefield was sentenced to one to five years in prison for third-offense domestic battery, Prosecuting Attorney Brian K. Cochran said Friday. Hackett was arrested by ...
Assault and battery is the combination of two violent crimes: assault (harm or the threat of harm) and battery (physical violence). This legal distinction exists only in jurisdictions that distinguish assault as threatened violence rather than actual violence. Assault and Battery may also refer to:
Battery (hardcore punk band) "Battery" (song), a song by Metallica from the 1986 album Master of Puppets; Drums, which have historically been grouped into ensembles called a battery Drumline, the marching percussion section of a marching ensemble; Percussion section, of an orchestra or wind ensemble; Battery, a software music sampler by Native ...