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Feb 3, 2022 · Generally speaking, assault precedes battery; as such, the defendant may be charged with both assault and battery. Some jurisdictions further define assault as an attempted battery; or, as intentional creation of fear of harm in the victim. Battery charges are often commonly combined with assault charges in order to form a single charge.
- Basic Elements of Battery
- Different Types of Battery
- Simple Battery
- Sexual Battery
- Family-Violence Battery
- Aggravated Battery
- Common Defense Strategies in Cases of Criminal Battery
There are three basic elements of battery that are generally consistent among most jurisdictions in the U.S.: 1. The defendant had offensive physical contact with the victim. 2. The defendant is aware that their actions will result in offensive touching. 3. There was no consent from the victim.
The laws regarding battery vary from state to state, but many jurisdictions have different classifications or degrees of the crime of battery.
Simple battery generally includes all forms of contact that are non-consensual, harmful or insulting. This includes any contact that results in injury or non-injury to the victim. The battery is not criminal unless willful intent to inflict an injury or another unlawful act on the victim exists. For example, if a neighbor becomes angry at another n...
In some states, sexual battery is any non-consensual touching of the intimate parts of another person, but in other states, a sexual battery charge requires actual oral, anal, or vaginal penetration.
In an effort to cut down on domestic violence, many states have passed family-violence battery laws, which require that cases of family violence be adjudicated whether the victim decides to "press charges" or not.
Aggravated battery is when violence against another person results in serious bodily injury or disfigurement. In some states, aggravated battery can be charged only if the intent to do serious bodily harm can be proven. This includes a loss of a limb, burns resulting in permanent disfigurement, and the loss of sensory functions.
No Intent: Common strategies used in criminal battery cases include the most defense which is to prove that there was no intent to cause harm on the part of the defendant. For example, if a man rubbed up against a woman on a crowded subway in a way that the woman felt was sexual in nature, the defense could be that the man did not intend to rub up ...
Dec 5, 2014 · Battery is the criminal act of intentionally touching, or applying force to the body of another person in an offensive manner, covering a wide range of acts, including those of a sexual nature. Simple battery is considered a misdemeanor in most states, but aggravating circumstances can cause battery to fall under the category of a felony.
Apr 28, 2023 · Battery Definition. The legal definition of battery is intentionally causing harm to, or offensively touching, another person (without their consent or intentional involvement in the action). Where assault is more about intent and how an action made a victim feel, battery is the completion of assault, where physical contact actually happened.
Assault and battery is a modern legal term which combines assault with the separate charge of battery. Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a reasonable person would foresee as threatening to them. Battery refers to the actual wrong act of physically ...
Apr 1, 2021 · Battery is defined as “any willful and unlawful use of force or violence on someone else.”. Battery requires that one person actually inflicts harmful or offensive contact on another person. There is no requirement that the victim suffers a personal injury or bodily harm, only that contact was made. Going back to our example scenario, if ...
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Nov 27, 2023 · Generally, battery is the intentional act of making contact with another person in a harmful or offensive manner. Depending on the jurisdiction, assault is either the same act or is an attempt or threat to cause bodily injury. An assault typically places the victim in apprehension of, or fear of, imminent bodily harm.
