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Battery Defense Explained

About Battery Charges

Battery, which is often linked with assault, is a distinct violent crime by itself. And depending on the elements of an alleged crime, battery can be classified as either a felony or a misdemeanor, and a civil or criminal matter. And while battery is often thought of as an act of violence, it could also be defined at the unwanted touching or overt contact by one person to another with the intention of harming or disrespecting. The action must be intentional or offensive.

Accidentally bumping into someone is not battery, even if the collision is great and injury results. Spitting in someone's face, however, could lead to battery charges, even though no injury resulted.

As you can clearly see, battery like its partner assault is a complex law that's challenging to define without the ability to know a person's intent. Because of this, defending a charge against battery begins with eliminating intent. If you've been charged with battery, contact an experienced attorney for advice and insight on your battery case.

Aggravated Battery

When battery is overtly committed by one person on another and great injury is caused, this is aggravated battery. Aggravated battery could also include the addition of a weapon. Now, of course, we have to define what a weapon is. Objects like a gun or a knife are clearly weapons, but a weapon could include any number of objects.

For example, if one spouse uses a coffee mug to overtly attack and injure her spouse, this could be construed as aggravated battery. It's important to understand, however, that the injury cause by aggravated battery doesn't have to manifest in some sort of wound. The spouse could be arrested and charged with battery, or even aggravated battery, without leaving any visible sign of trauma.

Anyone charged with battery needs to secure legal representation from an experienced lawyer. At The Alband Law Firm,  we can review your case, the evidence against you, and help devise a strong defense that could result in acquittal or a dismissal in your battery case.


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