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Battery - Punishment

In a civil action for tortious battery, the penalty is damages. A jury determines the amount to be awarded, which in most cases is based on the harm done to the plaintiff. Even though a plaintiff suffers no actual injury, nominal damages (a small sum) may still be awarded on the theory that there has been an invasion of a right. Also, a court may award PUNITIVE DAMAGES aimed at punishing the defendant for the wrongful act.

Criminal battery is punishable by a fine, imprisonment, or both. If it is considered aggravated the penalties are greater.

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