Overview. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. The relevant law in Georgia reads as follows: O.C.G.A. 1. In tort law, assault is considered an intentional tort. The definition and all elements of the offence of battery are set out in case law. Assault and battery are offenses in both criminal and Tort Law; therefore, they can give rise to criminal or civil liability. If you're preparing to file a battery claim but don't know where to start, a personal injury attorney can help. In Criminal Law, an assault may additionally be defined as any attempt to commit a battery. In fact, the slightest touching can be a battery. Definition. The punishment for battery (maximum 6 months imprisonment) is set out in statute under s.39 Criminal Justice Act 1988. The legal definition of battery merely requires that you make physical contact with another person—not that you cause any injury to him or her. The second situation is when the patient is incompetent to consent and receives improper care. For example, Dr. X gained consent from a patient to undergo heart surgery. Battery Law and Legal Definition. Actual, intentional and unlawful touching or … Examples of felony battery include battery against a woman, child, or police officer, and battery that involves the use of a deadly weapon. At Common Law, both offenses were misdemeanors. If the patient has been lied to about the treatment or there is other fraud in the informed consent, then the entire consent is invalid. § 16-5-23 (a) A person commits the offense of simple battery when he or she either: An attorney will be able to connect the legal dots to make a convincing case that your claim satisfies the elements of a battery, while advocating on your behalf. A battery is a tort, which is a civil wrong committed by one person against another. Battery is a legal threat in three situations. 10 Example : Sara gets into a fight with Julie, her young son’s teacher, over her son’s behavior in class. Battery exists in both the tort law context and the criminal law context. Depending on the state, it is punishable by 5-25 years in prison. However, if a person sues for police brutality using state law, it may be referred to as a battery. The legal definition of a battery will vary from state to state. Discuss Your Battery Claim with an Experienced Attorney. In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person's consent.. 2. All of the examples above involve excessive force cases that would be brought in federal court. Depending on the class of victim, some types of battery charges are considered “aggravated” charges, meaning that they will result in felony charges instead of misdemeanor charges. Sometimes assault is defined loosely to include battery. For example, if two women were riding on a bus and one woman began harassing the other woman and then began hitting the woman in an effort to steal her purse, and the woman reacted by punching the attacking woman in the nose, causing her nose to break, then the woman that was first attacked used reasonable self-defense measures and would likely not be found guilty of criminal battery. The most common example of medical battery occurs when a doctor performs a non-emergency medical procedure without getting the patient’s consent first. For example its misdemeanor of a high and aggravated nature when committed against a person who is 65 years of age or older or against a female who is pregnant or in a public transit vehicle or station. While in surgery, Dr. X removes the kidney. A battery is any: a. Willful and unlawful use of force or violence upon the person of another; or b. 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