Question: What Does It Mean To Be Charged With Battery?

Should I get a lawyer for a battery charge?

If you are facing a simple battery charge, you should consult with a skilled and knowledgeable criminal defense attorney.

They can educate you on your state’s specific statutes regarding simple battery.

Additionally, they can help you determine if any defenses are available to you given the specifics of your case..

How long do you stay in jail for battery?

one yearA “battery” in simple terms is when you strike or attack someone without cause or provocation. It can be filed as either a misdemeanor or felony depending on the circumstances of the fight and the injuries sustained by the victim. Misdemeanor battery generally carries a jail sentence of not more than one year.

How long does a battery charge stay on your record?

It 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.

Can I go to jail for beating someone up?

If the person you beat up presses charges, you will go to jail. If you cause great bodily injury, GBI, you will go to jail whether or not they press charges.

What is the sentence for a battery charge?

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.

How do you convince a prosecutor to drop charges?

Though challenging, you can persuade a prosecutor to dismiss criminal charges for several reasons. The primary reasons are weak evidence, illegally obtained evidence, and procedural and administrative errors. Know, however, that a prosecutor may dismiss or drop a case and then refile it.

Which is worse assault or battery?

If the victim has not actually been touched, but only threatened (or someone attempted to touch them), then the crime is assault. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this might be battery.

What is battery in law example?

For example, an actor who sets his dog upon another individual causing injury is guilty of battery. The crime of battery can be classified as either simple or aggravated. Simple battery is the knowing or intentional use of force to cause injury or an offensive touch, and is generally a misdemeanor.

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.

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.

Is pointing a gun at someone a crime?

That crime is called assault. … Pointing a gun at a person is likely to threaten a person’s sense of safety and can certainly give the impression of intent to harm, so you could be charged with assault for it.

Can you have assault without battery?

There can be an assault without a battery, and there can be a battery without an assault”. Assaults are covered by section 56-61 of the Crimes Act 1900. Common charges of assault listed include: Assault on person preserving wreck.

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.