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 West Virginia (WV), battery is defined as the unlawful, intentional physical contact with another person that is either harmful or offensive, without the person's consent. Under WV criminal statutes, battery is considered a misdemeanor offense, and the penalties can include fines, jail time, or both, depending on the severity of the incident and whether it is a first or subsequent offense. Additionally, if the battery results in injury, the charges and penalties can be more severe. West Virginia does not merge the crimes of assault and battery into one offense; they are treated as separate crimes, with assault generally referring to an attempt or threat to cause harm. In civil law, a victim of battery in WV can file a lawsuit seeking monetary damages from the person who committed the battery. This is based on the principle that battery is an intentional tort, and the victim may be entitled to compensation for injuries, pain and suffering, and other losses resulting from the battery.