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 Mexico, battery is defined as the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent, or angry manner. It is a petty misdemeanor if no injury occurs, and can be elevated to a misdemeanor or felony if it results in injury, depending on the severity of the injury and the circumstances of the offense. New Mexico has also combined the crimes of assault and battery into one statute, with assault being an attempt to commit a battery or intentionally placing another in fear of imminent harm. As for civil liability, a person who commits battery in New Mexico may be sued in a civil court for damages by the victim. This is separate from any criminal charges and is based on the intentional tort of battery, which requires the plaintiff to prove that the defendant intentionally performed an act that resulted in harmful or offensive contact without the plaintiff's consent.