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 York, the term 'battery' is not used in the criminal statutes; instead, the relevant offenses are categorized under 'assault.' Assault in New York is defined as intentionally causing physical injury to another person, and it can range from a misdemeanor to a felony, depending on the severity of the injury and the circumstances of the offense (e.g., Assault in the third degree is a Class A misdemeanor, while Assault in the first degree is a Class B felony). Criminal charges are prosecuted by the state, and penalties can include fines, imprisonment, probation, and mandatory programs. On the civil side, battery is recognized as an intentional tort, meaning a person can sue for money damages if they have been harmed by another's intentional and offensive contact. The plaintiff must prove that the defendant intended to cause harmful or offensive contact, and that such contact did occur, resulting in damages. This can lead to compensatory damages for medical expenses, pain and suffering, and sometimes punitive damages in cases of egregious conduct.