Question: What Does A Simple Battery Charge Mean?

What is an example of battery?

Under the criminal law in most states, battery is the intentional touching of – or use of force to touch – another in an offensive or injurious manner.

For example, an actor who sets his dog upon another individual causing injury is guilty of battery..

What happens to first time domestic violence offenders?

Usually on a 1st time Domestic Violence charge, and depending on what court and county your case is in, you may be placed on probation and will be required to, at the very least, attend and complete anger management classes as part of your probation. Jail time is also a real possibility.

What is the difference between battery and simple battery?

A “simple battery” is committed when a person intentionally makes contact of an “insulting or provoking” nature with another person, or intentionally causes harm to another. A “battery” is committed when a person intentionally causes “substantial” physical harm or visible harm to another.

Is Assault worse than battery?

What is the difference between assault and battery? Battery is a form of assault. Of the different types, it is generally considered the least serious and offences receive relatively low-level sentences. The more serious forms of assault are common assault, ABH and GBH.

Is unwanted touching battery?

Battery Defined A simple “unwanted or offensive touching of another” is a sufficient degree of behavior upon which a prosecutor can base a charge of battery under the law. … The slightest touch is sufficient for a battery charge if it is done in a rude, annoying, or disrespectful manner.

What is the charge of simple battery?

In the United States, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact. At common law, simple battery is a misdemeanor. The prosecutor must prove all three elements beyond a reasonable doubt: an unlawful application of force.

How long does simple battery stay on your record?

three yearsIt stays on your record forever unless you take action to remove it. You must have at least three years from the date of conviction as a bare minimum to qualify. The statute is kind of a pain, so if you have any other criminal convictions, it may complicate the process or prevent you from getting the matter expunged.

What does a battery charge mean?

Battery is a type of criminal charge that involves the unauthorized application of force against another person’s body, which results in offensive touching or actual physical injury. … This means that battery is usually punishable by criminal fees and/or actual time spent in jail (usually less than one year).

Can you press charges if you hit first?

However; if someone hits you first and you respond by jumping on top of them and beating them to a bloody pulp with your fists, or picking up an object and hitting them with it, then you can be charged with assault.

Does every battery include an assault?

Battery, on the other hand, is the actual intentional touching of another person with intent to cause injury or harm. … For example, if the victim is attacked from behind, they won’t have the fear of being hurt, but they will actually be hurt. So their attacker is guilty of battery, but not assault.

Is a simple battery charge a felony?

Generally, simple battery will be a criminal misdemeanor charge. … The more severe forms of battery, such as aggravated battery or sexual battery, will usually result in felony charges. Felony charges carry more severe legal consequences and punishments.

How do you convince a prosecutor to drop charges?

Consult an Attorney The attorney also can contact and try to convince the prosecutor to dismiss the charges or try to negotiate an agreement to dismiss. If you are charged with a crime, contact a local attorney immediately so that your attorney can address any possible grounds for dismissal.

How do you know if someone pressed charges?

Arrest. The most obvious way to find out if charges are being pressed is when you’re arrested, taken to the police station, and booked: your fingerprints are taken, among other requirements. … In the meantime, the police investigate the circumstances of your arrest and provide any evidence to the prosecutor.

Can a battery charge be dropped?

The charges can be dropped only if the Prosecutor agrees to dismissing the charges. Prosecutor’s seldom drop charges, however, with an attorney your charges can be reduced and you could even negotiate a plea and abeyance which is the most likely scenario.

How do you fight an assault charge?

What are the best defences to an assault charge?Consent: Consent may be a defence when defending assault charges. … Self-Defence: You are justified in using reasonable force–i.e., as much as is “reasonably necessary” in the circumstances–to defend yourself against an unlawful assault, provided you did not intend to cause death or grievous bodily harm. … Accident: