Battery has occurred when one person intentionally touches or hits another person against his/her will. Battery can be charged even if the affected party is not harmed. The simplest way to define battery is any unwanted touching by another party.


In order to be charged with battery, the defendant must have intended to touch or strike another person. Accidental touching without intent is insufficient to establish battery.

Example 1

Someone intentionally shoving, hitting, or spitting on another person constitutes a battery.

Example 2

At a party, a woman tells a man not to touch her. A few hours later, the man (being intoxicated), kisses the woman on the cheek. The woman gets the police involved, and the man is charged with battery.

Maximum Penalty

Penalties for misdemeanor battery can include up to 1 year in jail or probation for up to 1 year.