What is Aggravated Battery?
Under criminal laws, “aggravated battery” is one of the more serious types of battery charges. Simple or standard battery is usually defined as the “application of force to another person’s body, resulting in offensive or harmful physical touching”. Aggravated battery involves these elements, along with any of the following aggravating factors:
- The use of any deadly weapon in the battery
- Battery resulting in serious bodily harm
- Battery that is done against a child, woman, police officer, or elderly person
What are the Legal Consequences of Aggravated Battery?
Aggravated battery will generally be filed as a felony case in most instances. Felonies are usually associated with legal consequences such as heavy criminal fines, mandatory rehabilitation programs, and prison sentences of greater than one year in a prison facility.
Felony battery charges are much more difficult to have removed from one’s criminal record. As a result, this may make it somewhat difficult for the person to obtain certain jobs and federal employment benefit opportunities in the future. They may also lose their rights when it comes to child custody/visitation arrangements. And due to the violent aspect of felony battery charges, the person will usually lose their right to own a firearm.
Are There Any Defenses to Aggravated Battery?
The availability of legal defenses to aggravated battery charges will depend on:
- The facts surrounding the case
- The criminal laws in that state
- Whether anyone was seriously injured
Some common defenses that may be available for aggravated battery include: self-defense, coercion or duress, defense of others, and intoxication. However, it’s usually best if the defendant and their lawyer can prove that the various elements of proof for aggravated battery were not satisfied.
For example, if the altercation didn’t actually result in harm to the plaintiff, or if the plaintiff was not actually a police officer or child, it can change the outcome of the case. These types of legal distinctions can be very complex and are best handled by an experienced lawyer.
Do I Need a Lawyer for Assistance With an Aggravated Battery Case?
Aggravated battery charges are very serious and can result in severe legal consequences. In any criminal case, the defendant has the right to a state-appointed attorney. However, in order to avoid any client-attorney conflicts, it’s generally recommended to hire your own lawyer for help with your defense. An experienced criminal lawyer can help research the criminal laws in your area and can represent you during the actual court hearings.
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Last Modified: 09-25-2012 02:13 PM PDT
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