Felony Battery Lawyers
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What Is Simple Battery?
Simple battery is the unlawful application of force on another person which causes physical injury or an offensive touching. This type of battery is typically considered to be a misdemeanor. If convicted, an individual may receive up to a year in county jail and/or be required to pay a fine. Felony battery is a more serious criminal offense.
What Is Felony Battery?
Felony battery is an unlawful use of force on another person. The force causes physical injury or an offensive touching. What makes this battery different from simple battery is the seriousness of the injury or whether another aggravating factor applies.
What Type of Physical Force Is Used?
The application of force causes severe to permanent injuries. The injuries may range from broken bones and scars to causing the person to become paralyzed.
Does Intent to Commit Battery Make a Difference?
Yes. The difference between simple and felony battery is the actual intent to commit serious harm. The felony crime requires intent to do some serious harm such as rape or murder. The unlawful touching must be done in a way that is:
Are There Other Ways a Simple Battery Becomes a Felony?
Yes. The charge may increase to a felony when the battery is committed with a dangerous weapon like a knife or gun. The individual who was previous convicted of battery may also have the charge increased. The type of victim may also increase the charge to a felony. For example, if the victim is a child, disabled, or older person, the charge may be upgraded to a felony.
Is Felony Assault the Same as Felony Battery?
No. Felony assault, or aggravated assault, is a criminal act done with the intent to create reasonable apprehension of fear an offensive contact or injury. Unlike with felony battery, there does not need to be actual physical contact with the victim. In other words, the mere attempt to cause physical harm to the victim is enough.
Do I Need a Criminal Lawyer for a Felony Battery Case?
A felony battery charge is a serious criminal charge with potential felony consequences such as a long prison sentence. Contact a criminal lawyer regarding your felony battery charge immediately. They can explain any potential defenses that may be available to you and help you defend yourself against the charges in court.
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Last Modified: 10-19-2016 03:46 PM PDT
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