Simple Battery – How is it different from Aggravated Battery?

The four main differences between simple battery and aggravated battery involve:

1. the elements of the two crimes,
2. the injuries they can inflict,
3. the penalties, and
4. the defenses you can raise to challenge them.

You commit the crime of simple battery if you

• intentionally make physical contact with a person in an offensive manner, but
• cause no injuries or only minor injuries.

By contrast, you commit aggravated battery if you

• intentionally use force against someone and it causes serious bodily harm, or
• you use force under certain “aggravating circumstances.”

These include committing battery:

• with a deadly weapon, or
• against a vulnerable “victim.”

A few examples of simple battery are:

• pushing a person at a concert,
• spitting on someone out of anger, and
• slapping a man in the face because of an insult.

A few examples of aggravated battery are:

• hitting someone in the head with a large rock,
• slashing a person with a knife where it results in permanent disfigurement, and
• a middle-aged caregiver punching an elderly patient in the face.

1. Simple vs Aggravated Battery

The “elements” of a crime refer to what a prosecutor must prove in order to convict a defendant of that offense successfully.

Under the battery laws of most states, a prosecutor must prove the following elements to secure a conviction for the crime of simple battery:

1. you intentionally touched or made physical contact with someone,
2. you did so without the “victim’s” consent, and
3. the touching was done offensively or resulted in some injury.¹

For the crime of aggravated battery, a prosecutor must still prove the above elements. In addition, most states say that a prosecutor has to prove that the battery either:

• resulted in serious bodily injury (for example, disfigurement or permanent disability), or
• was committed under “aggravating circumstances.”²

The precise definition of “aggravating circumstances” will vary depending on the state that files the battery charges. But the term most often means that you committed battery:

• with a deadly weapon,
• against a “victim” of a vulnerable nature,
• against a victim and there was a great disparity between your age and the victim’s age,
• in a domestic violence situation, or
• against a police officer or a member of a law enforcement agency.³

2. Effect of Injuries

Most often, yes. Recall that a prosecutor does not necessarily have to prove that an injury did in fact occur to convict you on a simple battery charge successfully.

The focus is rather on the offensive touching. Most states say that the offensive manner of the touching is what is considered injurious.

Similarly, a prosecutor does not technically have to prove that an injury occurred to convict you of aggravated battery successfully. This is true provided that he/she can show that you committed a battery under some other aggravating circumstances.

However, aggravated battery cases do often involve victims who suffer:

• serious physical harm/physical injury, and/or
• great personal injury.

3. Penalties

Most often, yes. Most jurisdictions say that simple battery is a misdemeanor offense. A misdemeanor charge is typically punishable by:

• a fine, and/or
• jail time of up to one year.

In contrast, the penalties in aggravated battery cases are typically more severe than in simple battery cases.

For example, some states say that a prosecutor can charge the crime as either a misdemeanor or a felony, depending on the:

• facts of the case, and
• defendant’s criminal record.⁴

A felony charge could result in a jail sentence or state prison sentence of up to four years or more.⁵

The criminal laws of some states even say that an aggravated battery conviction is treated as a straight felony. That is, a prosecutor does not even have the option to charge the offense as a misdemeanor.⁶

4. Common Defenses

Sometimes, yes. You can challenge criminal charges in battery cases with a legal defense. This is true for both misdemeanor battery cases and felony battery cases.

Common defenses in a simple battery case include showing that:

• you acted in self-defense,
• you did not touch a “victim” intentionally,
• you did not “touch” a “victim,” and/or
• there is reasonable doubt in the prosecutor’s case.

You can raise these same defenses in cases involving aggravated battery. But you can also raise the defense that:

• your battery did not result in serious injury,
• you did not act with a “deadly weapon,”
• the victim was not in a vulnerable condition, and/or
• a crime did not arise to domestic battery (in domestic violence cases).

Remember that no matter if you are facing a simple or aggravated battery charge, you will need to contact a criminal defense attorney for help. A criminal defense lawyer will know the best defense for your specific case.

Defense attorneys and law firms/law offices usually provide free consultations. A free consultation means you can get skilled legal advice with no fee attached.

Additional Resources

For more in-depth information, refer to these scholarly articles:

• Aggravated Battery – The Fist or Teeth as a Dangerous Weapon – Louisiana Law Review.
• Territorial Aggression – Expanding California’s Penal Code Regarding Assault and Battery of Code Enforcement Officers – McGeorge Law Review.
• What’s Reasonable: Self-Defense and Mistake in Criminal and Tort Law – Lewis & Clark Law Review.
• Not So Simple: How Simple Assault and Battery Became Distorted in the Context of Crimes Involving Moral Turpitude – Washburn Law Journal.
• Assault and Battery – Injury Sustained in Prize Fight – Consent as a Bar to Civil Liability – Vanderbilt Law Review.

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