battery: At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. Many states treat assault and battery as two separate crimes, whereas some treat them as the same. The severity of harm caused decides the charge of an assault and battery case. Battery is, in many ways, the completion of an assault. Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. The crimes of assault, assault and battery, and aggravated assault all involve intentional harm inflicted on one person by another. 16-5-23.1 (2010) 16-5-23.1. The reason for this is because the offenses are very closely linked: "assault" occurs when someone threatens another with imminent bodily injury, while "battery" refers to actual bodily contact (either offensive or injurious in nature). Its essential element, harmful or offensive contact, is the same in both areas of the law. It could either be a misdemeanor or a felony according to common law. Assault and battery are a combination of threat and physical harm. Battery is defined as an intentional offensive or harmful touching of another person that is done without his or her consent. Battery is both a tort and a crime. Sexual battery can occur while the victim is clothed, as well as unclothed. Depending on the state, it is punishable by 5-25 years in prison. Generally, simple battery will be a criminal misdemeanor charge. Any crime involving a physical attack (or even the threat of an attack) is usually classified as an assault, a battery, or both. However, while some states use the term “sexual battery” to describe sexual touching of a criminal nature, other states use the term to refer to the more serious sex crimes of rape or forced penetration. Battery is concerned with the right to have one's body left alone by others. Battery (a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. Regardless of which definition the jurisdiction uses, the broader definition of assault, or separate definitions for assault and battery, a crime of this nature in the first-degree (or aggravated) is classified as a felony. Battery: Definition. In terms of battery, it has been suggested that the most appropriate definition of tort in the context of medical law is that a battery has been committed where there has been a “direct act of the defendant which has the effect of causing contact with the body of the plaintiff without the latter’s consent. Under common law, which is the system of law based on judges’ decisions and case law, simple battery was considered to be a misdemeanor. ARTICLE 2 - ASSAULT AND BATTERY § 16-5-23.1 - Battery O.C.G.A. 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