Battery is a criminal charge very similar to assault in that it is based in violence and varies in severity. Battery differs from assault in that it specifically is the use of physical force against someone in an effort to injure or frighten them. As with assault cases, battery charges are a serious crime that carry both misdemeanor and felony penalties depending on the severity. Misdemeanor battery charges could carry up to a year in county jail, one year of probation, $1,000 in fines, and a slew of other conditions.
Felony aggravated batteries are much more serious and include mandatory serve time. Certain crimes, including aggravated battery, fall into a category of crimes that require a mandatory serve time if convicted. The minimum for an aggravated battery conviction is one year to serve in state prison. Maximums for an aggravated battery felony charge would be up to 20 years in prison, 20 years of probation, thousands of dollars in fines, potential restitution to the victims, and many other potential conditions. A conviction for battery will label the offender as a violent criminal. Violent criminals frequently struggle to obtain meaningful employment, housing, and loans.
BATTERY CASES: POSSIBLE DEFENSE
Battery charges are extremely serious. As such, it is critical to establish and execute a quality defense of your case. There are mitigating circumstances and factors that can help defend a battery case. The most common defense of a battery charge is self- defense. The use of physical force, if used to defend yourself from imminent danger, is not considered a crime. A less common defense of a battery charge could be accidental conflict. A victim in a battery case could easily misunderstand an unintentional act as intent to harm. Just because it happened doesn’t mean it was intentional. Another common defense for battery charges is that the incident was consensual in nature. A defendant and a victim that willingly engage each other does not necessarily mean either of them have committed battery against the other.
All of these defenses and many more are available and unique to every case. The greatest benefit you can offer yourself when facing serious, violent charges is to equip yourself with knowledge and strategy. We encourage you to meet with us immediately if you’re facing such charges.