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Battery is the
criminal offence
whereby one
party makes
physical contact
with another
party with the
intention to
harm them. In
order to
constitute
battery, an
offense must be
intentional and
must be
committed to
inflict injury
on another.
Battery is
different from a
similar offense
called assault.
An assault is
any attempt to
threaten or
attack another
party. Physical
contact is not
required to
constitute an
assault.
Battery can be
considered a
criminal offense
and it can also
be considered an
intentional tort
in civil court.
An intentional
tort is a
purposeful
action that is
intended to
cause harm to
another
individual.
Battery, or any
other
intentional
tort, is valid
grounds to seek
relief through a
civil case.
Through a civil
legal case, the
victim of
battery can seek
monetary
compensation for
their damages
from the person
who committed
the battery.
This civil case
exists
separately from
any criminal
charges that
have been
brought against
the offender.
There are
different
degrees of
battery that
indicate the
severity of the
offense. Simple
battery may
include any type
of
non-consensual,
insulting, or
harmful contact,
regardless of
the damage done.
Domestic
violence can
involve battery
that occurs
between two
parties who are
related by some
degree (familial
or intimate
relationships).
Sexual battery
is defined as
any
non-consensual
physical contact
that is sexual
in nature.
These types of
battery are most
often prosecuted
as misdemeanors,
though charges
depend on the
state where the
crime took place
and the nature
of the offense.
Acts of simple
battery can be
considered more
serious when
similar acts
have previously
been committed
against the same
victim. In some
states, a second
or third
conviction for
battery against
the same
individual is a
felony. In
domestic
violence cases,
battery charges
may not be
dropped against
an offender,
even at the
request of the
victim.
Aggravated
battery is a
battery offense
that involves
some aggravating
factor. This
type of battery
offense is
typically
considered a
felony offense,
and the
perpetrator can
face
incarceration,
fines, and many
other
punishments. For
an offense to be
considered
aggravated
battery one or
more of the
following
factors may have
been involved:
the battery was
committed
against a
protected person
(a child, peace
officer, or
person over 65
years of age);
the battery
involved a
weapon (whether
use was real or
threatened); the
victim suffered
significant
injury (loss of
limb or
permanent
damage); or the
offense occurred
in a public
transit vehicle
or station,
school zone, or
other protected
place.
There are a few
arguments that
may be used to
defend a person
charged with
battery. Lack of
intent can be
argued by the
defendant in a
battery case to
contend that the
injurious
physical contact
was an accident.
A defendant may
also argue that
the battery was
committed in
self defense or
the defense of
others or
property. If you
would like to
learn more about
battery, please
contact us so we
can evaluate
your case to
determine how
best to protect
and maximize
your legal
interests.
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