Thursday, June 5, 2014



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.