Battery
Battery is the criminal offence whereby one party makes physical contact with
another party with the intention to harm them. In order to constitute battery,
an offense must be intentional and must be committed to inflict injury on another.
Battery is different from a similar offense called assault. An assault is any
attempt to threaten or attack another party. Physical contact is not required
to constitute an assault.
Battery can be considered a criminal offense and it can also be considered
an intentional tort in civil court. An intentional tort is a purposeful action
that is intended to cause harm to another individual. Battery, or any other
intentional tort, is valid grounds to seek relief through a civil case. Through
a civil legal case, the victim of battery can seek monetary compensation for
their damages from the person who committed the battery. This civil case exists
separately from any criminal charges that have been brought against the offender.
There are different degrees of battery that indicate the severity of the offense.
Simple battery may include any type of non-consensual, insulting, or harmful
contact, regardless of the damage done. Domestic
violence can involve battery
that occurs between two parties who are related by some degree (familial or
intimate relationships). Sexual battery is defined as any non-consensual physical
contact that is sexual in nature.
These types of battery are most often prosecuted as misdemeanors, though charges
depend on the state where the crime took place and the nature of the offense.
Acts of simple battery can be considered more serious when similar acts have
previously been committed against the same victim. In some states, a second
or third conviction for battery against the same individual is a felony. In
domestic violence cases, battery charges may not be dropped against an offender,
even at the request of the victim.
Aggravated battery is a battery offense that involves some aggravating factor.
This type of battery offense is typically considered a felony offense, and
the perpetrator can face incarceration, fines, and many other punishments.
For an offense to be considered aggravated battery one or more of the following
factors may have been involved: the battery was committed against a protected
person (a child, peace officer, or person over 65 years of age); the battery
involved a weapon (whether use was real or threatened); the victim suffered
significant injury (loss of limb or permanent damage); or the offense occurred
in a public transit vehicle or station, school zone, or other protected place.
There are a few arguments that may be used to defend a person charged with
battery. Lack of intent can be argued by the defendant in a battery case to
contend that the injurious physical contact was an accident. A defendant may
also argue that the battery was committed in self defense or the defense of
others or property. If you would like to learn more about battery, please contact
us to speak to an attorney who can evaluate your case to determine how best
to protect and maximize your legal interests.
