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Battery Charges
Battery is a harmful or offensive touching of a person or anything attached to that person, without their consent. It includes such examples as touching a wallet or purse, the automobile the victim is riding in, and many other variations. Battery requires a physical contact. Proof of damages resulting from the touching isn't always required for successful battery charges, but in most jurisdictions, proving intent to cause a harm is required.
If you or a loved one has been charged with battery, you must understand your legal rights and defenses. Please contact us to speak with an experienced criminal defense attorney.
Typical battery charges 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 - between family members, usually spouses, also known as domestic violence battery
- Aggravateed Battery - usually battery that results in serious injury or harm
Each may lead to misdemeanor or felony charges. Aggravated battery is almost always a felony charge. If the battery causes in serious harm, involves the use of a deadly weapon, or is directed against a police officer, it may considered aggravated battery.
Battery Defenses
To defend against battery, the defendant may have to attack the government's case to rebut:
- Lack of intent
- Self defense
- The defense of others
- The defense of property
In cases where self-defense or defense of another are claimed, the defendant may need to prove that the amount of damage caused in the course of defense was reasonable and proportional to the amount of damage that was being prevented.
Help from an experienced criminal defense attorney can be invaluable when facing battery charges. There are circumstances that may reduce or remove the defendant''s culpability. An experienced criminal defense attorney can identify these circumstances and increase the probability of an acquittal.
If you or a loved one is 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 can aggressively fight for you.
Related Resources
Criminal Law - Criminal Law lawyers experienced in assault, child molestation, date rape, domestic violence, drug arrest, dui, federal and juvenille crimes and many other types of criminal litigation.
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