Battery is the illegal
force applied on another person that results in a contact due to which the
victim suffers badly. Both assault and victim are interconnected where the
former one is referred as an incomplete battery. Battery crimes are classified
as misdemeanor crimes that penalize the accused with jail sentences or fines
and felonies, which is said to be a motivated battery Intent crimes may also
fall under battery. If a person is charged with this type of crime, he/she
needs to explain the intent for harming the victim.
Proving
a battery
These types of criminal
charges require evidence that proves a person is guilty of the crime beyond
reasonable doubts. The prosecution presents the jury with the evidences that
satisfies the following:
Illegal or unauthorized
force applied – It is the any least application of force made upon the victim
without his/her consent that may be or may not be severe.
Contact that is
harmful- The act of the defendant results in harming the victim such as inapt
contact and striking the victim’s body.
In some cases, the
victims recover their properties damaged at the place of crime such as suitcases
and personal belongings. On the other side, the jury should also look over the
background of the victim when accusing a person with a battery charge. This
helps to know the situation whether the defendant was intentional or reactive that
has led to a battery.
Defenses
for a battery
Negation of the lawsuit
is the best defense a defendant can have over the charge made. The jury negates
a battery charge if the victim has agreed upon the defendant’s actions. Also intoxication
and insanity can serve the right defense which proves that the defendant was
not intentional in harming the victim.
Adding to this, self
defense is another kind which a defendant can claim of. In this case, though
the above elements are proved of the defendant, he/she may not be guilty of the
crime if the battery took place as a result of defending each other (victim and
defendant) or their properties.
The
need of legal assistance
If you are facing a
battery charge then you need to contact a criminal litigation
attorney who helps you in providing the proper defense. By consulting
the case with the lawyer, he reviews the key elements and confers whether your
claims will be valid or not. Also, if you are not guilty of the crime the
lawyer gives you the right counsel to prove your innocence with the case.