Top Cape Elizabeth, ME Criminal Battery Lawyers Near You
115 Middle Street, Suite 300, Portland, ME 04101
477 Congress Street, 5th Floor, Portland, ME 04101
1250 Forest Avenue, Ste 3A, Portland, ME 04103
80 Exchange St., Suite 32, Portland, ME 04101
6 City Center, Suite 301, Portland, ME 04101
Twelve Portland Pier, Portland, ME 04101
30 Milk Street, 5th Floor, Portland, ME 04101
95 Exchange Street, PO Box 7046, Portland, ME 04112
Two Canal Plaza, Portland, ME 04101
1321 Washington Avenue, Suite 204, Portland, ME 04103
84 Marginal Way, Suite 600, Portland, ME 04101-2480
53 Exchange St, Portland, ME 04101
183 Middle Street, Portland, ME 04112
9 Bradstreet Ln., PO Box 366, Eliot, ME 03903
17 Crescent St, Biddeford, ME 04005
4 Union Park Road, Suite 7, Topsham, ME 04086
254 Commercial St, Portland, ME 04101
36 Ossipee Trail W., Standish, ME 04084
482 Congress St, Suite 301, Portland, ME 04101
16 Middle St, Saco, ME 04072
75 Pearl St, Suite 216, Portland, ME 04101
1 Union Street, Suite 501, Portland, ME 04101
746 High Street, Bath, ME 04530
Brunswick Business Center, 18 Pleasant Street, Brunswick, ME 04011-2201
PO Box 18190, Portland, ME 04112
Cape Elizabeth 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 Maine?
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.
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.