A battery is essentially the willful use of force or violence upon another. This means any physical contact with another person to which that other person has not consented. An assault is basically an attempt at a battery. The terms assault and battery often go together.

There are different levels of charges that can be levied by the prosecution and each carries different potential punishment if convicted. Aggravated assault, for example, is a very serious felony charge and carries a stiff sentence.

There are a number of defenses to a charge of assault and/or battery that can be used. They include: (1) lack of intent-such as an accident, (2) self defense, (3) defense of other People, and or (4) defense of property.

The extent of the injury is a major component of this offense. If the injury is only minor, or no injury occurs, the charge levied is most often a misdemeanor. If significant injury occurs, such as cuts requiring stitches, or broken bones, then the offense is charged as a felony.