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Fighting against a battery charge

On Behalf of | Sep 25, 2016 | Criminal Defense |

The act of performing unlawful physical contact after threatening another person is called battery. In simple words, it is the use of force against another person without consent. Intent plays an important role in battery charges and could establish whether the defendant is found guilty or not. It is not necessary to have ill intent to be charged with battery.

A battery is different from assault because it involves contact, while assault could be caused without actual contact. Intention to make contact with another person that could physically or mentally harm them can be classified as battery. Having the intent of harming another person, and acting on that intent is called an assault. But the moment contact is made with the victim; it is also a battery offense.

In the case of battery, the prosecution does not need to prove that physical injury occurred due to the contact. They only need to establish that the defendant unlawfully made physical contact with the plaintiff. The prosecution must also prove that the contact was unwelcome and offensive for the plaintiff. If all these things are proven, the defendant could be found guilty.

If you have been charged with battery, it is advisable to hire an experienced defense attorney. A defense attorney might be able to scrutinize the prosecution’s methods and put the onus on them to prove beyond a reasonable doubt that you are guilty. The experience of an attorney is essential in these cases, and might be the difference between you being found guilty or walking away free.