Criminal Battery

Criminal battery is the unlawful touching of another person. A common example of battery would be hitting someone after getting into an argument. Even the lightest touch could be battery if done with the intent to harm, injure, annoy, or offend.

Battery cases are generally based on state law, which can be different depending on the state. For more information about criminal assault and battery charges, talk to a local criminal defense lawyer.

What Is Criminal Battery?

Depending on state criminal laws, criminal battery charges generally involve intentionally or unlawfully touching someone else without consent.

Physical contact with another person does not have to cause serious bodily harm for battery. Unlawful touching can include the lightest touch of the victim’s clothing. Offensive contact, like groping someone over their clothing is battery, even if the person didn’t mean any harm.

Indirect contact can also result in battery charges, like throwing something, spitting, or pushing someone else into the victim.

What Is the Difference Between Assault and Battery?

Assault and battery are often used together. In some states, they may be separate criminal offenses. The difference between assault and battery is that assault does not need to include physical contact. Assault usually involves an intentional act that puts someone in reasonable fear of imminent harm.

For example, pretending to punch someone and then missing at the last second could still be assault. Even if you didn’t intend any harm, if a reasonable person would fear imminent danger, it could result in an assault charge.

What Are the Criminal Penalties for Battery?

Simple battery is generally a misdemeanor. Depending on the state law, a conviction for battery may result in up to a year in jail and a fine. Any criminal conviction will go on your criminal record. Anyone doing a background check will see you have a record for criminal battery. If you want to make sure you don’t end up with a criminal record, talk to a criminal defense lawyer for legal advice.

Battery can also be a civil offense, also known as a tort. If you are convicted of criminal battery, the victim can use your conviction as evidence in a personal injury lawsuit against you for monetary damages.

What Is Aggravated Battery?

Some types of battery are felony crimes, also known as aggravated battery. Aggravating circumstances involving battery could include:

• Battery resulting in serious bodily harm
• Battery with a deadly weapon
• Sexual battery
• Battery against a police officer, teacher, or public employee
• Domestic battery
• Battery against an elderly person
• Battery against a child

When battery causes serious bodily injury, it can be a felony. The severity of the physical injury will depend on state laws and could include any serious injuries, like concussions, broken bones, or puncture wounds.

A felony conviction could mean facing more than a year in jail and fines. A felony conviction for aggravated battery or aggravated assault has more serious consequences and could limit your rights to own a gun, make it harder to get a job, or limit where you can live.

Domestic Violence and Battery

Domestic violence is among the most common types of criminal battery. Domestic battery is often a separate criminal charge because of the close relationship between the alleged victim and perpetrator. Depending on the state, domestic violence can involve battery between:

• Romantic partners
• Family members
• Former partners
• Spouses

Many jurisdictions have a mandatory arrest policy, where the police have to make an arrest if there is evidence of domestic violence. A domestic battery arrest may also lead to confiscation of your firearms. In many jurisdictions, the prosecutor and judge can take action against you, even without the alleged victim’s help or consent.

After an arrest or conviction, you could also be subject to a protective order or restraining order to limit contact and keep you out of your home. The penalties for a domestic battery conviction can include:

• Jail time
• Fines
• Victim restitution
• Batterers’ education program
• Anger management classes

What Are Legal Defenses to Violent Crimes?

There are legal defense options for anyone accused of assault or battery. In some cases, defendants may be victims of false accusations by former partners. However, even if you did hit or assault the alleged victim, you may still have an affirmative defense against criminal charges.

Self-defense or acting in defense of others is generally an affirmative defense to assault and battery charges. If you reasonably believed you were in immediate danger of physical harm, and used no more force than necessary, you may have a strong defense.

To mount the strongest possible defense, you need an experienced criminal defense attorney’s help. Your lawyer can protect your rights and put you in the best position to minimize the negative effects of an arrest.