What is criminal battery?

Criminal battery occurs when a person actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person. Even the slightest touch could be considered battery if it was done with the intent to harm, annoy, injure, or offend someone else. If if is a first time battery offense, it will result in a misdemeanor criminal charge. If there is a prior battery, this will be a felony offense.

Types of criminal battery

Under the US Model Penal Code and in some jurisdictions, there is battery when the actor acts recklessly without specific intent of causing an offensive contact. Battery is typically classified as either simple or aggravated. Although battery typically occurs in the context of physical altercations, it may also occur under other circumstances, such as in medical cases where a doctor performs a non-consented medical procedure.

An aggravated battery happens when the battery committed causes great bodily harm, permanent disability, or permanent disfigurement, or if the offender uses a deadly weapon. Further, if the victim was pregnant at the time of the battery, and offender knew or should have known of the pregnancy, regardless of any weapon or bodily harm, this will also be labeled an aggravated battery.

A domestic battery by strangulation happens when the offender impedes or restricts the airflow of the victim; and the offender and the victim are family, share a household, or are dating.

Possible defenses

The criminal act required for battery boils down to an offensive or harmful contact. This can range anywhere from the obvious battery where a physical attack such as a punch or kick is involved, to even minimal contact in some cases. Generally, a victim does not need to be injured or harmed for a battery to have occurred, so long as an offensive contact is involved. In a classic example, spitting on an victim does not physically injure them, but it nonetheless can constitute offensive contact sufficient for a battery. Whether a particular contact is considered offensive is usually evaluated from the perspective of the “ordinary person.” Perhaps the most common criminal defense for assault and battery charges is self-defense. If the defense argues that the defendant only committed the act as a way to protect him or herself, it might be a legitimate argument. It’s also possible to claim that the individual was defending another person or other people.

We understand that part of your emotional turmoil lies in the unknown. You may not understand exactly what battery is or what it means if you are found guilty. When you take the time to become informed, you are better able to work closely with your legal advocate to fight the charges against you. Medical Reports: Medical reports and testimony provided by expert medical witnesses can reveal defining details, such as whether a weapon was used and the total extent of the damage caused. Again, it is important to verify the factuality of all reports before relying on them to prove someone’s guilt or innocence.

It is essential to have an experienced criminal law attorney by your side who is willing to look into every aspect of the event that took place.

Contact us today for help with your criminal battery charge. You can also book an appointment online! For faster service, call 772-253-2400, call or text 904-504-8689, or email contact@lauramwright.com.

Book an appointment with Personnel Calendar using SetMore

The use of this website constitutes an understanding and agreement of our Disclaimer and our Privacy Policy.