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 New Jersey, the term 'battery' is not used in the criminal statutes; instead, the state refers to the offense as 'simple assault' or 'aggravated assault' depending on the severity of the incident. Simple assault (N.J.S.A. 2C:12-1(a)) is generally considered a disorderly persons offense and involves attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another, or negligently causing bodily injury with a deadly weapon. Aggravated assault (N.J.S.A. 2C:12-1(b)) is a more serious offense and can range from a fourth-degree to a second-degree crime, depending on factors such as the extent of injury, the use of a weapon, and the status of the victim (e.g., police officer, teacher, etc.). Penalties for assault in New Jersey can include fines, imprisonment, and restitution. In civil law, a victim of battery in New Jersey can file a lawsuit seeking monetary damages for the intentional harmful or offensive contact. The elements of a civil battery are the intent to cause contact, the contact was harmful or offensive, and the contact was without consent.