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 Virginia, battery is defined as the intentional and unlawful touching or striking of another person, without the person's consent, and may include causing bodily harm. It is classified as a Class 1 misdemeanor under Virginia Code § 18.2-57, which can result in penalties including up to 12 months in jail and a fine of up to $2,500. Virginia law distinguishes battery from assault, which is an attempt or threat to cause harm, with the possibility of immediate execution of that threat. In civil law, battery is considered an intentional tort in Virginia, meaning a victim can sue the perpetrator for monetary damages. The victim must prove that the contact was intentional, harmful or offensive, and done without consent. The outcome of a civil battery case can result in the awarding of compensatory damages for things like medical expenses and pain and suffering, and in some cases, punitive damages to punish the defendant for particularly egregious conduct.