Battery is defined as the illegal application of force on someone’s body, which results in touching deemed offensive or harmful. Typically, the contact must be intentional, and battery charges don’t always arise from violent or malicious situations. Most battery cases are tried as misdemeanors, resulting in fines and jail sentences of one year or less. Felony battery, such as that upon a child, woman or law enforcement officer, can bring more severe penalties.
Defenses to Battery Charges
While battery cases are serious, some situations allow people to claim a defense. These instances can include:
* Self defense, where the person can use force equal to that used on them.
* Intoxication can be used in certain cases to prove a defendant wasn’t responsible for their behavior.
* Coercion. If a person is forced to commit battery under threat of injury, they can claim it as a defense.
* Privilege. These batteries are justified when a person performs a citizen’s arrest.
* Consent. A person cannot face battery charges if the other subject gave permission for the harmful touching.
Property defense may sometimes be used by Battery Defense Attorneys to protect clients from battery charges. However, one cannot defend their property with deadly force unless an intruder threatens or uses it first.
Proving a Criminal Battery Defense
Defenses against criminal battery may be proven through numerous methods such as:
* Physical evidence. Marks on the person or their belongings can allow law enforcement personnel to recreate the progression of events.
* Testimony. Bystanders can offer insight as to how an event occurred.
* Victim statements. A victim’s own testimony can sometimes point to the defendant’s innocence.
* Police reports. These are typically reliable as they’re made on the scene or shortly after the event.
* Medical documents. Testimony and reports by physicians can reveal information such as weapons use and severity of damage.
Criminal battery statutes vary by jurisdiction. Different areas may have different standards, especially where self-defense and property defense are concerned.
Does a Person Need an Attorney for An Effective Criminal Battery Defense?
Because laws on criminal battery vary by location, it is in a person’s best interest to hire a defense attorney with sitename if they need to defend themselves against charges. A lawyer can help by researching state law and by examining all relevant evidence. Additionally, Battery Defense Attorneys can inform a client of their legal options to get a reduced sentence or dropped charges. You can also connect them on Facebook for more updates.
