Before we move onto the topic of hiring a battery lawyer, let us first discuss the meaning of battery. It refers to a criminal act that constitutes touching someone or applying force to their body without their consent or in a manner offensive to them. It is also important to note that there are two types of battery charges – Simple Battery and Aggravated Battery. We will explore the meaning of both below.
You must have heard the terms assault and battery used together. So, are both assault and battery the same thing? No, they are not the same thing! Assault and battery are two separate crimes. Assault refers to an attempt or threat made by a person to another person, which makes them fearful of bodily injury. On the other hand, the battery is a lesser form of assault as it does not include serious-bodily injuries.
This article covers the following topics:
#7. Criminal Battery
Which Situations can Come Under the Battery Charge?
Physical altercations are the most common situation which results in battery charges. But physical altercations are not the only instances as they can extend to several other instances as well. Any circumstances that result in unwanted physical contact with someone can result in a battery charge.
What is a Battery Lawyer?
A battery lawyer is a criminal defense lawyer who specializes in assault and battery cases. In case you have been sued for battery, a criminal defense lawyer will defend you in court. It means that a criminal defense lawyer is a battery lawyer.
Types of Battery Charges
As we described above, there are two types of battery charges. These are simple battery and aggravated battery. When it comes to simple battery, it refers to the less serious version of a battery. It involves minor injuries. A simple battery is considered a petty misdemeanor in usual circumstances. On the other hand, an aggravated battery refers to a more serious crime. It comes under a full misdemeanor or a felony.
How Serious is Battery Charge?
It is important to note that the severity of battery charge depends on the state statutes. If the victim’s injuries are severe, then the charges will be upgraded to a charge of aggravated battery.
In some circumstances, the battery charge is likely to be upgraded to the aggravated battery. It usually happens when the victim is a police officer, elderly, child, or woman. Any use of deadly weapons will also result in the up-gradation of battery charges to the aggravated battery charges. Anyone who is facing charges under battery will have to pay criminal fees. They may also have to spend time in jail. But in usual cases, the time that the perpetrator has to spend in jail is less than one year.
A Battery Lawyer is Must
The first step you should take after being charged with battery is contacting an experienced and well-qualified battery lawyer. As we explained above, a battery lawyer is a criminal defense lawyer, and they will be able to defend you in court.
It is important to take the help of an experienced criminal defense lawyer as, without their guidance, it is very difficult to wade through the entire legal process of defending oneself. Once you hire a lawyer, they will be able to prepare for any possible defenses for you. They will also guide you through the entire legal process.
Demand for Monetary Compensation
It is very likely that after being sued for battery, you will be met with a demand for monetary compensation for the victim’s injuries. You must legally respond to the civil lawsuit and that, too, within 30 days. In your response, you can deny the charges leveled against you. You can also present any defenses available to you.
Now, the question is that what should one do if the claims brought against them are criminal? In this case, you may also have to pay criminal fines and serve jail time. You must get in touch with a criminal defense lawyer on a priority basis if you are charged with these matters.
Under the criminal battery, the law enforcement officials will take you into their custody first. They will book you and place you in a holding cell. You can post bail afterward. Later on, you will be read your criminal charges during the arrangement. Then, you would be asked to enter a plea. A preliminary hearing will take place if there is no plea bargain. Here, the judge will determine if there is satisfactory evidence against you.
There is a strong possibility that the victim will bring both civil and criminal charges against you. Therefore, it is of critical importance that you get in touch with a battery lawyer immediately. They will help you navigate the entire legal process as they have the necessary know-how to handle such cases.
How can a Battery Lawyer Help you?
Remember that there are ways to fight back, regardless of the charges against you being a simple battery or aggravated battery. The only thing that you need is an experienced criminal defense attorney. If you are wondering about some of the possible defenses, then here are some of the ways an experienced battery lawyer can assist you:
#1. Prove that you were acting in self-defense.
#2. Allege that you were afraid and standing the ground to save yourself.
#3. At no point of the time, your intentions were to bodily harm or cause disfigurement or disability to the counterparty.
#4. You had no idea that your actions will lead to disability or disfigurement or inflict bodily harm to the counterparty.
There is one important thing that you should note here. The defenses that you can present in the courts depends upon your circumstances. Only an experienced battery lawyer can guide you well on what defense suits your unique circumstances better. Therefore, there’s no alternative to an experienced better lawyer or a criminal defense lawyer.
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