Battery

Question 1

What is battery?

Answer 1

Battery is a general intent crime established where the D:
1. unlawfully applies force, either indirectly or directly
2. does so intentionally, recklessly or as a result of criminal negligence
3. does so without legal justification or excuse

Question 2

When does simple battery become aggravated battery?

Answer 2

In most jurisdictions, a simple battery misdemeanor can be elevated to aggravated battery felony when the D:
1. causes serious bodily harm
2. uses a deadly weapon
3. injures a special category of victim

Question 3

What are defenses to battery?

Answer 3

1. valid consent
2. self-defense or defense of others, so long as only proportional force was applied
3. prevention of a crime, so long as proportional force was used