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 Colorado, the term 'battery' is not used in the criminal statutes; instead, the state refers to the offense as 'third-degree assault.' Under Colorado law, third-degree assault (C.R.S. 18-3-204) is defined as knowingly or recklessly causing bodily injury to another person, or with criminal negligence causing bodily injury to another person by means of a deadly weapon. It is classified as a misdemeanor and can result in penalties including imprisonment, fines, and probation. Colorado law also recognizes the concept of battery in civil cases as an intentional tort. If someone commits an act that constitutes battery, the victim may file a civil lawsuit seeking monetary damages for injuries suffered due to the intentional and offensive contact. The elements of a battery in a civil lawsuit in Colorado include an intentional act by the defendant that results in harmful or offensive contact with the plaintiff's person without the plaintiff's consent.