Battery is often used interchangeably with the term assault, although when it comes to charges they are actually two very different issues. Battery occurs when one individual, with the intent to cause injury or bodily harm, hits, punches, kicks or injures another person. The injuries are intentionally inflicted and the attacker had every intent to cause harm. Assault, on the other hand, can be found even if there were only threats of physical harm.
Battery Penalties
Battery can be considered a misdemeanor or a felony offense which means that it is a serious crime that is punishable by jail time. Since there are different types of battery from simple battery with relatively minor injuries, often classed as a misdemeanor through to aggravated battery where a weapon may have been used and serious injuries occurred to the victim.
Possible Penalties
- Jail time
- Significant fines
- Anger management classes
- Probation and electronic monitoring
Battery Sentencing
Battery charges are often very difficult to have lowered or dismissed due to the injuries that were caused to the victim. In most cases the judge will take into consideration any other criminal convictions that included violence as well as the location in which the battery occurred. If the battery occurred on a school ground, in a protected place, or if the victim was a child or an elderly person a lawyer needs to be involved immediately to minimize the jail type the individual may face.
Battery Charges And Legal Help
In some situations, especially if the individual was acting in self defense, there may be options to have the charges decreased or modified to more accurately reflect the crime that occurred. A lawyer may also be able to work with the court or prosecutor for first time offenders to work through anger management and probation sentencing rather than having to complete jail time. Speaking with a criminal defense attorney as early as possible after the arrest is important in developing your case.
- If you have been charged with Battery, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
