can battery be accidental?
Many states declare that a more serious or  aggravated  assault/battery occurs when one: 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon. Assaults and batteries can also be pursued via civil (as opposed to criminal) laws. For information on personal injury (tort) cases involving assault and battery, visit the Assault and Battery section of FindLaw's Accident & Injury Center.