Battery is generally a harmful or offensive contact with another person, without the person’s consent. Battery may be the basis for a criminal charge or offense. The definition and penalties for battery vary from state to state, and are usually located in a state's penal or criminal code (statutes). In some states the crimes of assault and battery are merged into one criminal offense.
Battery is also recognized in tort law as an intentional tort, and may result in civil liability (money damages) in a lawsuit against a person who commits battery.
In California, battery is defined under the California Penal Code Section 242 as any willful and unlawful use of force or violence upon the person of another. It is a misdemeanor offense, and the penalties can include fines, imprisonment in a county jail, or both. However, the severity of the punishment can increase based on the circumstances, such as if the battery causes serious bodily injury or is committed against certain protected classes of people (e.g., police officers, domestic partners). Additionally, California recognizes battery as a civil cause of action. A victim of battery can sue the perpetrator in civil court seeking monetary damages for injuries suffered. This is separate from any criminal charges and can include compensation for medical expenses, lost wages, and pain and suffering. It's important to note that in California, the crimes of assault and battery are distinct; assault is an attempt to use force or violence on someone else, while battery is the actual use of force or violence.