Top Ware, MA Criminal Battery Lawyers Near You
100 Main St, Suite 2, Northampton, MA 01060
69 South Pleasant Street, Amherst, MA 01002
1380 Main Street, Suite 407, Springfield, MA 01103
1500 Main Street, Tower Square, Suite 1600, Springfield, MA 01115
71 Park Avenue, Suite C, West Springfield, MA 01089
1380 Main Street, 5th Floor, Springfield, MA 01103
100 Main Street, Suite 200, Agawam, MA 01001
5 Arthur Street, PO Box 217, Easthampton, MA 01027
1550 Main Street, Suite 401, Springfield, MA 01103
393 Main St, Ste 3B, Greenfield, MA 01301
43 Center Street, Northampton, MA 01060
143 Main St, Springfield, MA 01105
175 State Street, Suite 400, Springfield, MA 01103
265 State Street, Springfield, MA 01103
6 South East Street, Amherst, MA 01002
100 Main St, 3rd Floor, Northampton, MA 01060
One Monarch Place, Springfield, MA 01144
39 Main Street, Suite 8, Northampton, MA 01060
1391 Main Street, Suite 822, Springfield, MA 01103
1500 Main Street, Suite 2400, Springfield, MA 01103
77 Pleasant Street, PO Box 210, Northampton, MA 01060-0210
486 Main St, Suite 2, Greenfield, MA 01301
13 Old South Street, Northampton, MA 01060
1414 Main St, Suite 1850, Springfield, MA 01103
21 Stockbridge Street, Springfield, MA 01103
Ware 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 Massachusetts?
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.