Top Bastrop, TX Criminal Battery Lawyers Near You
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2801 Vía Fortuna, Suite 200, Austin, TX 78746
1107 Nueces St, Austin, TX 78701
500 W. 2nd St., Suite 1800, Austin, TX 78701
13110 West Hwy 290, Suite 303, Austin, TX 78737
524 N Lamar Blvd, Austin, TX 78703
601 Quail Valley Dr, Georgetown, TX 78626
608 W 12th St, Austin, TX 78701
111 Congress Avenue, Suite 1400, Austin, TX 78701-4093
4301 Westbank Dr, Building A, Suite 225, West Lake Hills, TX 78746
2407 South Congress Avenue, Suite E - 399, Austin, TX 78704
607 W 3rd St, Suite 2500, Austin, TX 78701
100 Congress Avenue, Suite 800, Austin, TX 78701
12600 Hill Country Blvd, Suite R-275, Austin, TX 78738
405 Round Rock Avenue, Round Rock, TX 78664
4408 Spicewood Springs Road, Austin, TX 78759
108 East Bagdad, Suite 200, Round Rock, TX 78664
704 West 9th Street, Austin, TX 78701
816 Congress Ave, Suite 970, Austin, TX 78701
300 W 6th Street, Suite 2010, Austin, TX 78701
1250 S. Capital of Texas Highway, Bldg. 3, Suite 400, West Lake Hills, TX 78746
1400 Lavaca St, Suite 1000, Austin, TX 78701
2224 Walsh Tarlton Lane, Suite 120, Austin, TX 78746
100 Congress Avenue, Suite 1100, Austin, TX 78701
3701 Balcones, Suite 200, Austin, TX 78731
98 San Jacinto Boulevard, Suite 1500, Austin, TX 78701
Bastrop 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 Texas?
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.