A battery is a crime that we define as an unauthorized application of force to another person. In most cases, the battery has to result as a contact which is offensive or harmful to the victim. This particular crime is mostly connected with the assault, which is where we differentiate attempted or incomplete battery.
The best thing that you can do if you get battery charges is hiring a criminal defense attorney that will help you along the way. Law classifies the crime of battery and misdemeanor crime, which mostly results in legal consequences such as jail time or/and monetary fines. We can consider some types of battery crimes such as an aggravated battery as a serious felony.
Law forces consider battery as a general intent crime. It means that the defendant doesn’t need to intent to harm the defendant. The attorney must demonstrate a general intention to offend or hurt a person to get guilty. For instance, if the defendant tends to strike the victim’s head but instead stroke just arm, he will still be guilty of battery crime.
What Are Elements Of Battery Crime?
If the defendant tends to face criminal charges of battery, the prosecution must find and present evidence that will prove guilt beyond reasonable doubt. Therefore, the prosecution must find a way to persuade the jury that follows elements have been completed:
- Unauthorized or Unlawful Application of Force – The defendant acts must be illegal or unlawful. In case that a victim has consented to the defendant’s action, this particular thing will negate its element. At the same time, if the application of force wasn’t severe, you should have in mind that a minimal implementation of contact or force will satisfy this particular requirement.
- Contact With Another Person – The battery crime has to include contact with another person. In some instances, the victim recovers damages to property should be connected with the assault. For example, if the victim received damage to their suitcase during the battery assault.
- Result Is Offensive or Harmful Contact – The defendant must find a way to act as a result of conduct or harm which law considers offensive. The primary examples of this particular thing were when the defendant struck the victim’s body, or if they’ve engaged in inappropriate contact such as hugging or kissing without consent.
If you want to prove a battery assault in the court of law, you should find a way to convince a grand jury that about victim’s background while analyzing elements we’ve presented you above. Of course, certain conditions will make the defendant’s actions offensive and harmful, even if he/she did it under normal circumstances.
Click here to find out more on battery assault.
For instance, an unwanted hug or close contact could be considered as a battery, but it is not an offensive contact per se. On the other hand, hugging a co-worker or a stranger could also be a battery, because of social context that could prove offensive in the court …
Electric bicycles are a popular way to get around in many large cities and beach communities. They provide an affordable means of traveling to and from work, as well as an easy way to see the sights for tourists. Electric bikes are simple to operate for people of all ages, but are they really safe to ride?
As defined by the U.S. Consumer Product Safety Commission, electric bicycles are considered low-speed electric devices with two or three wheels and two foot pedals. As the pedals rotate, they power a low-speed 750-watt motor that propels the bicycle forward. At full speed, most electric bicycles can reach a maximum speed of about 20 miles per hour with a rider that weights up to 170 pounds.
Although electric bicycles offer faster speeds and fewer sore leg muscles than regular bicycles, they do cause accidents and injuries seen by an Oregon personal injury lawyer. In most large cities, regulations allow them to travel on sidewalks with pedestrians and in bike lanes with slower bikers. This poses increased injury risks to slower travelers who don’t see them coming and can’t get out of the way fast enough. Elderly pedestrians and young children are especially at risk of being hit by an electric bicycle traveling at a top speed of 20 mph, the same speed as some slow moving cars.
To prevent accidents and injuries, most electric bicycle manufacturers limit maximum speeds and state laws regulate safety precautions. General safety regulations include:
- Wearing a properly fitted helmet when riding
- Wearing hand protectors or leather gloves
- Wearing heavy pants or knee pads
- Wearing closed-toe shoes and reflective clothing
- Installing side mirrors for extra visibility
- Installing front and rear bike reflectors
Riders on electric bicycles are encouraged to follow recommended safety regulations and obey all traffic signs and laws that pertain to cyclists in public areas and bike lanes. Although electric bikes weight much less than cars, they can cause very serious injuries including lacerations, fractures, broken bones, spinal damage, and head trauma. If you own or rent an electric bicycle, exercise caution to protect yourself and others from accidents and injuries.…
Maybe you’ve been served papers or are anticipating being served. Maybe there’s already a warrant out there for your arrest. If you fear that you’re in trouble with the law, the most important thing is not to panic. There are ways that you can manage this situation and minimize the upheaval that it will have on your life. Here’s what you do.
1. Contact a Lawyer
This is the single most important thing that you can do if you suspect that you’re in trouble. Don’t turn yourself into the police or the government; talk to a lawyer first. There might be laws that can protect you from the harshest of consequences, or your lawyer might be able to negotiate a calm surrender instead of a dramatic arrest.
2. Document Everything
Here are just a few things that might come in handy when you’re dealing with a criminal case or lawsuit:
– Bank statements
– Witness statements
– Insurance papers
– Hospital records
– Surveillance footage
– Official documents of any kind
It always helps to create a paper trail when you’ve had a brush with the law. Not only will it add legitimacy to your case, but it will also act as proof if you need to make a point in court. Paperwork doesn’t lie.
3. Learn About Crime and Punishment
If you’ve definitely committed a crime, there’s only so much that you can do to avoid the repercussions. You might want to start thinking about damage control. What’s the lightest sentence that you can get? What are the rules and regulations surrounding Florida felony probation? You might not be able to stop the metaphorical bomb from going off, but you can prevent it from causing maximum damage.
These are just a few tips if you think that you might be in trouble with the law. It’s not an ideal situation, but as long as you keep a cool head and look into all of your options, you should be able to get through it. Good luck.
Having to bail somebody out of jail might not be the most enjoyable thing to do in the world, but sometimes it is necessary. So before you get a call late at night from a friend or relative asking for your help, read this article for some tips so that you know what to do ahead of time.
There are two main methods for bailing someone out of jail. They are using a cash bond or contacting a bail bond service.
A cash bond can be used to bail someone out of jail. The bonder will need to call the jail where the inmate is being held to find out how much the cash bond is. There are certain cases where an inmate is only granted cash bonds. That means a bail bonds service cannot be used and the bond has to be paid in cash. After finding out how much the cash bond is, the bonder then brings the cash to the booking officer. Once the inmate gets released, she or he will be in the care of the bonder. If the bonded inmates appears at all of her or his court dates, the bonder will be eligible to get the money back from the cash bond.
Bail Bond Services
Probably the most common way of bailing someone out of jail is to use a bail bond service. At times a cash bond will not be set for inmate by a judge, and at other times the bail amount will be too high for many people to come up with a sufficient amount of cash to bail out their loved one or friend. When a bail bond service is used, 10 percent of the bail amount is paid by the person getting the individual out of jail, and the rest is paid by the bail bondsman. The after the inmate has been released from jail, the person who bought the bond is responsible for ensuring that the defendant appears at all of her or his court dates. Otherwise, the person who purchased the bond could end up being responsible for paying the rest of the balance that was paid by the bail bond service.…