Battery is the non-consensual, harmful, or offensive touching of a person or anything attached to that person, such as a wallet or purse. Unlike assault, the battery requires actual physical contact. Proof of damage from the injury is not always required for successful battery charges, but in most jurisdictions, proof of intent to cause harm is.
If you or a loved one has been charged with battery, it is important to understand your legal rights and options. Please contact us today to speak with an experienced criminal defense attorney free of charge.
Among the different types of battery an individual may be charged with are:
- Simple battery – any nonconsensual, hurtful or offensive physical contact
- Sexual battery – any nonconsensual, hurtful, or offensive physical contact of a sexual nature
- Family violence battery – battery between family members, usually spouses, also known as domestic violence battery
- Aggravated battery – usually battery that results in serious injury or harm
Each of these can lead to misdemeanor or felony charges depending on circumstances specific to each case, though the aggravated battery is almost always a felony charge. Criminal laws vary by state, but usually, if the battery results in serious harm, involves the use of a deadly weapon, or is directed at a woman, child, or police officer, it is considered aggravated battery.
Individuals who want to defend themselves against a battery charge must prove one of the following:
- Lack of intent
- The defense of others
- The defense of property
In cases where defense is claimed, it must also be proven that the amount of damage caused in the course of defense was reasonable and proportional to the amount of damage that was being prevented.
The help of an experienced criminal defense attorney can be invaluable to those who are facing battery charges. In some cases, there are circumstances that may reduce or remove the defendant’s culpability, and an experienced criminal defense attorney will be able to identify and utilize them to secure an acquittal.
If you or a loved one has been accused of battery, a qualified criminal defense lawyer can help ensure that your legal rights are protected. Please contact us today for a FREE consultation with an experienced criminal defense attorney who will aggressively fight for your best interests.