A battery can be both a civil and criminal offense
Criminal Battery
A criminal battery is the intentional, offensive, and unlawful touching of another with the intent to harm that person. A criminal battery requires a specific mental state (men’s rea), otherwise known as criminal intent to harm the person injured.
Civil Battery
Like a criminal battery, a civil battery requires a harmful and offensive touching, but the defendant’s state of mind was not motivated by criminal intent. In other words, the defendant either believed they had the plaintiff’s consent or the defendant was acting in self-defense or the defense of others when the contact occurred.
Finding of Assault: Most battery charges are filed with an allegation of assault which does not require actual touching but rather the plaintiff must show their apprehension of being physically harmed was reasonable and anticipated
