What does it mean when you get charged with battery?
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact.
Battery was defined at common law as “any unlawful and or unwanted touching of the person of another by the aggressor, or by a substance put in motion by him.”.
How serious is a battery charge?
Legal Representation. Aggravated battery is a very serious felony charge; conviction of this crime can seriously affect your life. You could face a lengthy prison sentence and the stigma of being a convicted felon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment.
What is the minimum sentence for battery?
A basic battery allegation is usually classified as a misdemeanor. The range of punishment for a battery conviction is one day up to a year in a county or parish jail. Fines for battery convictions do not usually exceed $2000.00.
Which is worse battery or assault?
In some jurisdictions assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim while battery is the actual physical impact on another person. If the victim has not actually been touched, but only threatened (or someone attempted to touch them), then the crime is assault.
Is spitting considered battery?
Battery: Act Requirement In a classic example, spitting on an individual doesn’t physically injure them, but it nonetheless can constitute offensive contact sufficient for a battery. Whether a particular contact is considered offensive is usually evaluated from the perspective of the “ordinary person.”
How many years is a battery charge?
Felony assault and battery usually are felonies punishable by approximately one to twenty-five years in prison, depending on the specific provisions of each state’s sentencing statute or sentencing guidelines.