Since an assault is the threatening of harm, and a battery is the actual act of harm, the two crimes are often charged together. Contents 1 Defin Battery is concerned with the right to have one's body left alone by others. Battery: Definition. The severity of harm caused decides the charge of an assault and battery case. Sexual battery can occur while the victim is clothed, as well as unclothed. Battery is both a tort and a crime. ARTICLE 2 - ASSAULT AND BATTERY § 16-5-23.1 - Battery O.C.G.A. Battery (a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. 16-5-23.1 (2010) 16-5-23.1. In both criminal and civil law, "battery" is the intentional touching of, or application of force to, the body of another person in a harmful or offensive manner (and without consent).A battery is often confused with an assault, which is merely the act of threatening a battery, or of placing another in fear or apprehension of an impending and immediate battery. Battery is, in many ways, the completion of an assault. However, as previously mentioned, this can vary by jurisdiction due to the fact that the crime of simple battery is governed by state statutes. 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. 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. Its essential element, harmful or offensive contact, is the same in both areas of the law. battery: At common law, an intentional unpermitted act causing harmful or offensive contact with the "person" of another. 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). The crimes of assault, assault and battery, and aggravated assault all involve intentional harm inflicted on one person by another. Assault and battery are a combination of threat and physical harm. Generally, simple battery will be a criminal misdemeanor charge. 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. Many states treat assault and battery as two separate crimes, whereas some treat them as the same. Under common law, which is the system of law based on judges’ decisions and case law, simple battery was considered to be a misdemeanor. Depending on the state, it is punishable by 5-25 years in prison. Any crime involving a physical attack (or even the threat of an attack) is usually classified as an assault, a battery, or both. It could either be a misdemeanor or a felony according to common law. 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. Battery is defined as an intentional offensive or harmful touching of another person that is done without his or her consent. 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