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.
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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 of law.
Battery VS Assault
In most states all around the USA, an assault or battery is the type of crime that requires:
- A person tries or does physically strike another
- Doing acts threateningly with the idea to put another person in immediate harm.
- Some states differentiate common battery assault with aggravated assault/battery. Aggravated assault occurs when:
- A person tries to cause severe injury to another
- The person causes harm by using a deadly weapon
As opposed to criminal laws, batteries and assaults could be pursued via civil laws. In most cases, this particular type of criminal case requires bringing images of typical brawl or fight. On the other hand, some states combine these two offenses into one.
You should have in mind that these two terms are separate legal concepts with different elements. Assault is an attempt to injure or treat another person, while battery means that you created a contact with the person in an offensive or harmful manner.
Assault Overview and Act Requirements
Even though contact is not the indispensable part for assault offense, it still requires some criminal act to get a conviction. These acts fall into the category of assault, and they can vary. The universal perspective is that charge needs a direct action that will put a reasonable person in fear for the safety.
Verbal assault is still not enough to create a solid assault case unless offender backs them up with actions or act that places victim in imminent or reasonable fear. If an individual wants to commit an assault, he/she must have a general intent.
Check this particular website: https://legaldictionary.thefreedictionary.com/Aggravated+Assault to learn more on aggravated assault and its definition.
It means that when someone attacks another person it requires attention, and it is enough to prove that the offender wanted to make up an assault. Therefore, when it comes to individual acts that are dangerous to people that could be a great perspective to support assault charges, even if the intent was not to cause harm to another individual.
Battery Overview And Intent Requirements
Even though the general definition of battery doesn’t exist because it varies by different states and jurisdiction, the common understanding tells us that battery is harmful touching and the intentional offense of another person without consent. This particular definition requires these factors:
- Deliberate contact
- Contact must be offensive or harmful
- It has to be without the consent of the victim
When it comes to battery assault, you should have in mind that it doesn’t require for you to prove that intent was to harm the victim. Instead, a person must have a plan to cause contact with an individual.
Besides, if you act recklessly or negligent with the result in contact, it could be considered as a battery assault. Of course, accidental bumping into someone without intention is not a battery at all. The criminal act for battery demands harmful or offensive contact.
It doesn’t matter if the physical attack happened or if the victim got injured because a minimal contact will provide you a perspective for the battery charges.