Top Albertville, AL Criminal Battery Lawyers Near You

Criminal Battery Lawyers | Serving Albertville, AL

416 Gunter Avenue, PO Box 88, Guntersville, AL 35976

We found a limited number of Criminal Battery law firms in Albertville. Below are some of the closest additional firms.

Criminal Battery Lawyers | Serving Albertville, AL

PO Box 680599, Fort Payne, AL 35968

Criminal Battery Lawyers | Serving Albertville, AL

1031 Forrest Ave, Gadsden, AL 35901-3539

Criminal Battery Lawyers | Serving Albertville, AL

126 E Peachtree St, Scottsboro, AL 35768

Criminal Battery Lawyers | Serving Albertville, AL

405 2nd Avenue SW, PO Box 1052, Cullman, AL 35056

Criminal Battery Lawyers | Serving Albertville, AL

207 2nd Avenue SE, Cullman, AL 35056

Criminal Battery Lawyers | Serving Albertville, AL

521 Madison St SE, Suite 202, Huntsville, AL 35801

Criminal Battery Lawyers | Serving Albertville, AL

305 Church St SW, Suite 800, Huntsville, AL 35801

Criminal Battery Lawyers | Serving Albertville, AL

333 Franklin Street Southeast, Suite 400, Huntsville, AL 35801

Criminal Battery Lawyers | Serving Albertville, AL

102 South Side Square, Huntsville, AL 35801

Criminal Battery Lawyers | Serving Albertville, AL

200 West Side Square, Suite 100, Huntsville, AL 35801

Criminal Battery Lawyers | Serving Albertville, AL

200 W. Side Square, Suite 950, Huntsville, AL 35801

Criminal Battery Lawyers | Serving Albertville, AL

102 Southside Square, Huntsville, AL 35801

Criminal Battery Lawyers | Serving Albertville, AL

320 Clinton Avenue East, Huntsville, AL 35801

Criminal Battery Lawyers | Serving Albertville, AL

401 Madison St SE, Huntsville, AL 35801

Albertville Criminal Battery Information

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What Is Criminal Battery?

The crime of battery refers to an incident in which the offender engages in unlawful (and unwanted) harmful or offensive physical contact with the victim. Whether or not the contact needs to be intentional depends on the laws where the offense occurred, as what constitutes battery varies by state and jurisdiction.

What Are Some Types of Criminal Battery?

Criminal battery, or simple battery, is just one form of battery under U.S. federal and state law.

Sexual battery takes place when non-consensual touching, groping or other unwanted and offensive sexual acts are visited upon the victim by the offender. At a nightclub, if a man gropes a woman who is dancing without her consent, he may face charges related to sexual battery if the victim deigns to pursue the matter in court.

Family-violence battery, or domestic violence battery, takes place when a family member — typically a spouse ‚— is violent toward the victim.

Aggravated battery is an escalation of simple battery, and is typically charged when an instance of battery involves a deadly weapon such as a knife or gun, or when the battery results in serious bodily harm as concerns the victim. When a battery takes place against a protected class of persons (as a result of a hate crime, targeting police officers or other public officials, or targets the elderly, the infirm, or a child), aggravated battery charges may also be the end result.

What Is the Difference Between Criminal Assault and Criminal Battery?

The primary difference between criminal assault and criminal battery is that the former does not require that the offender actually made physical contact with the victim, while the latter holds this element as requisite for charges.

To provide an example, a man who threatens (seriously, and with intent) another patron of a football game with violence, making intimidating gestures and who throws an empty bottle at the victim and misses, could be charged with the crime of assault. Had the empty bottle actually struck the victim, the offender could instead be charged with battery.

What Are the Possible Penalties for Criminal Battery?

The penalties for battery range depending on the individual context of the case. If there is a beating or strike involved, or a wound created (bruise, gash, etc.) the maximum sentence is one year from the federal court. If a dangerous weapon is used, the maximum penalty jumps up to 10 years incarceration. Further, if there is an actual intent to commit murder, the maximum penalty is enhanced to 20 years in jail.

State laws vary in their treatment of criminal battery, generally distinguishing between simple battery and aggravated battery. Simple battery typically results in a first degree misdemeanor charge with a maximum sentence of one year in jail as well as a one year probation period. However, in some states, aggravated battery is classified as a second degree felony with a maximum penalty of 15 years imprisonment. This maximum penalty can be accompanied by mandatory minimum sentencing enhancements if a firearm is present during the commission of an offense, and even further enhancements apply if said firearm is discharged or is used to harm another.

How Much Jail Time for Criminal Battery in Alabama?

Simple battery typically results in a sentence of up to one year in jail for those found guilty, with most punishments being lessened for first-time offenders. Repeat offenders may see stiffer penalties in response to their convictions. By contrast, aggravated battery is typically categorized as a felony deserving of a sentence ranging from three to six years, or 10 or more years for repeat offenders — or for aggravated battery with one or more sentencing enhancements (as mentioned above) attached.

Are You Looking for a Criminal Battery Attorney?

When faced with criminal battery charges, the best thing to do is contact a criminal battery lawyer as soon as possible. A criminal battery charge can be either a misdemeanor or a felony depending on the state and also what happened. You won’t want to face these charges alone.

What Do Judges Look for in Custody Cases?

In every state, family court judges must consider what is in the child’s best interests when determining custody. In most cases, judges emphasize making sure the child will spend ample time with both parents. To make this happen, a judge will likely want to know what each parent’s home environment is like, whether each parent will be able to give a child the proper attention, and which situation the child will be most likely to thrive in.

Who Has Legal Custody of the Child When the Parents Aren’t Married?

If the parents are not married, the child’s biological parents both have parental rights unless the law says otherwise. An exception to this could be if no father is listed on the child’s birth certificate. In that case, the father would have to go through the legal process of establishing paternity to be able to assert his parental rights for visitation.

How Can a Mother Lose Custody of Her Child?

A mother can lose custody of her child in much the same way a father could. This could include abusing the child, abusing drugs or alcohol, providing an unsafe home environment for the child, or abandoning the child.

How Can You Change a Child Custody Order?

If you or your ex are unhappy with the current custody arrangement, you can negotiate a change to your agreement. If a judge feels that the changes are still in the child’s best interests, then they may approve the order. If one of you is pressing ahead with seeking a change and the other parent is contesting it, you will need to prove a “substantial” change in circumstances. This could include one of the parents moving out of state, suffering from a disability or illness that affects their parenting ability, exposing the child to an unsafe environment, or having a change in work circumstances that requires rescheduling of visitation.

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