Top Niagara Falls, NY Criminal Battery Lawyers Near You
FREE CONSULTATION – FORMER NY PROSECUTOR – WORKS 24/7 FOR YOU - AGGRESSIVE AND FIGHTS TO WIN!
Free Consultation
Virtual Appointments
Tim Always Provides His Cell Phone To His Clients For Some Of The Best Response Times In The City. Call For Your Criminal Defense Strategy Today! Fighting For You & Your Rights.
Free Consultation
19 South Long Street, Buffalo, NY 14221
For those working through a Criminal Battery issue in the Niagara Falls, New York area, Voelkl Law, P.C. can be your partner in law.
66 Park Circle, Amherst, NY 14226
Clients needing legal solutions for Criminal Battery can connect with Cimasi Law Office, a local New York practice.
Free Consultation
501 John James Audubon Pkwy, Suite 300, Amherst, NY 14228
Patrick M. Noe, Jr., Attorney at Law, a reputable Criminal Battery firm in New York, serves the Niagara Falls area.
665 Main St, Buffalo, NY 14203
651 Delaware Avenue, Suite 118, Buffalo, NY 14202
3110 Delaware Avenue, Kenmore, NY 14217
822 Convention Tower, 43 Court St, Buffalo, NY 14202
37 Franklin Street, Suite 800, Buffalo, NY 14202
181 Franklin Street, Buffalo, NY 14202
12364 Main Rd, Akron, NY 14001
40 Fountain Plaza, Suite 500, Buffalo, NY 14202
The Guaranty Building, Suite 100, 140 Pearl Street, Buffalo, NY 14202-4040
2410 North Forest Road, Suite 301, Amherst, NY 14068
112 Franklin Street, Buffalo, NY 14202-4331
70 Niagara Street, Third Floor, Buffalo, NY 14202
117 Norman Ave, Buffalo, NY 14210
43 Court Street, 930 Convention Tower, Buffalo, NY 14202
227 Niagara St, Buffalo, NY 14203
484 Delaware Ave, Buffalo, NY 14202
69 Delaware Ave, Suite 1003, Buffalo, NY 14202
74 Main St, Akron, NY 14001
290 Main Street, Suite 400, Buffalo, NY 14202
770 Main Street, Niagara Falls, NY 14301
42 Delaware Avenue, Suite 700, Buffalo, NY 14202
403 Main Street, Suite 716, Buffalo, NY 14203
Niagara Falls Criminal Battery Information
Lead Counsel independently verifies Criminal Battery attorneys in Niagara Falls and checks their standing with New York bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.Client Commitment
Pledge to follow the highest quality client service and ethical standards.
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 New York?
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.