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What is Battery?
Legally speaking, battery is considered the unlawful application of force directly or indirectly upon another person or their personal belongings, causing bodily injury or offensive contact. The attempt at battery is assault.
What is Simple Battery?
Simple battery occurs when a person unlawfully touches another person with force or violence. Said touching is considered "simple battery," and does not have to actually cause any harm or injury.
What is Aggravated Battery?
Battery that causes serious bodily injury is referred to as “aggravated battery.” A person commits aggravated battery when, in committing a battery, other than by the discharge of a firearm, he or she is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter, or in a church, synagogue, or mosque.
What is Sexual Battery?
Sexual battery is the touching of someone's intimate parts, against their will, for the purpose of sexual gratification, arousal, or abuse. Acquaintance rape is the most common type of sexual battery. More than 80% of rapes are acquaintance rapes and more than 50 % of them occur on dates.
When is Battery a Misdemeanor and When is it a Felony?
Prosecutors may charge battery as either a felony or a misdemeanor, depending on the facts of the case, the extent of the victim’s injuries, and the defendant’s criminal history. Most state laws specify that battery is a felony if it rises to the level of aggravated battery. Most jurisdictions charge simple battery as a misdemeanor.
What is the Penalty for Battery?
Simple battery may be punished by a fine of $2,000, and/or by imprisonment in jail for a maximum of six months. If you are convicted of a felony aggravated battery, the legal penalties include 2, 3, or 4 years in state prison, a fine up to $10,000, and felony formal probation.
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FAQs
Can a felony battery conviction be expunged from my record?
Expungement of a felony battery conviction is possible in some cases, depending on the laws of the state and the specifics of the case. Factors that may influence eligibility for expungement include the severity of the offense, the time that has passed since the conviction, and whether the individual has met all court-ordered requirements. However, expungement is generally more difficult for felony convictions than for misdemeanors.
How does the use of a weapon affect a battery charge?
The use of a weapon in a battery incident typically elevates the charge to aggravated battery, which is usually classified as a felony. The presence of a weapon increases the severity of the offense because it demonstrates a greater potential for harm and intent to cause serious injury.
Can I be sued in civil court for battery even if I am not convicted in criminal court?
Yes, you can be sued in civil court for battery even if you are not convicted in criminal court. Civil cases have a lower burden of proof than criminal cases, and a victim may seek compensation for damages such as medical expenses, lost wages, pain and suffering, and emotional distress through a civil lawsuit.
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