Battery is a criminal offense with zero tolerance in Monroe and Ouachita Parish. It is a criminal offense duly met with punishment under the law. Battery is a criminal act that involves using unauthorized force against another person, leading to physical or bodily injury. Any form of offensive touching, coercion or violence is a violation of the law and anyone caught guilty is charged for battery in Monroe.
Oftentimes, battery and assault are mistaken because they may have similar consequences. The distinction between these two crimes is that battery is an act of hurting another person while assault could be a threat of violence or harm. Battery involved a crime of violence to hurt the other person and inflict injury on them. Assault is apprehension, while battery is contact and It certainly comes with severe punishment.
Battery is a crime and also a tort. Battery law seeks to punish anyone found guilty of this crime. A simple battery can be charged as a misdemeanor punished by jail time, fines, and more. A battery crime involving children or old adults can aggravate to become a felony. Whenever a battery charge is laid, the most important thing for the offender to do is to get in touch with a battery lawyer in Monroe. This is quite important because battery isn't just a simple case you want to face on your own. A battery lawyer will be the best help you can use.
The victim doesn't have to be traumatized or severely injured before the perpetrator can be held guilty. Any offensive or forceful touching that the victim finds offensive is sufficient for a battery case. Any action that makes a victim abnormally insensitive is charged as a battery. A battery crime could be pouring hot water on another person, spitting on another person, etc.
A person can be charged for a simple battery if they intentionally use force or violence on another person. For every conviction, the prosecutor must be able to prove beyond doubt that the defendant coerced and used violence against the victim without seeking permission. Examples of simple battery are punching, scratching, biting, pushing, kicking, etc.
Aggravated battery is a violent act against another person with the use of dangerous weapons. This high degree battery is committed with the intent to inflict injury on or murder the victim. Committing battery with dangerous weapon points that you want to murder or cause serious harm to the victim. Aggravated battery is otherwise called an "assault with an intent to kill" and it's usually charged as a felony.
Before a person can be convicted for battery, factors known as the elements of battery have to be established. They are 3;
· The Act
Battery is an actionable offense, therefore, there has to be a proof or establishment that the act was perpetrated. The action must result in collision or contact between the defendant and the victim, which must have resulted in a burn, wound, or cut. The absence of an actual injury may not mean the defendant isn't guilty. An occurrence such as a physical illness after the contact may be used as an act.
Another form of contact could be an offensive one, which may not cause a physical injury. Touching someone against their will or spitting on someone's face are examples of non-injurious battery.
· The intent
To establish a battery conviction, contact must be intended. Many circumstances are used to negate intent as a defense. For example, if the defendant and victim have never been in physical contact before the incident, a defense can be built around the lack of intent to injure the victim. Every case is unique, a competent lawyer knows how to build a defense around every case, so the best thing to do at a point of arrest or prosecution for a battery is to hire a competent battery lawyer in Monroe.
· Harmful/offensive conduct
In battery law, even an indirect contact leading to injury can be punished. You can be guilty of battery if you engage in an action that caused harm to the other person. For example, kicking a table holding a bowl of hot water and making another person a victim of the injury.
No matter how bad you think your case is, don't give up on defense. Neglecting defense is like shooting yourself in the leg. You have more chances than you think. All you have to do is seek legal representation from a skilled defense attorney like Carl Barkemeyer. Some defenses for battery case are; Intoxication, Self-defense, Defense of others, Lack of evidence.
The defense will be based on the nature of the charge and the circumstances surrounding the crime. This is why you have to confide in your defense lawyer to bring out the best in your case.
For a simple battery, the offender is made to serve not more than 6 months imprisonment and a fine of not more than $1,000.
For aggravated battery, the offender is made to pay a fine of not more than $5,000 and a prison time of up to 10 years, with or without hard labor.
Factors known as aggravating factors may increase the penalty of battery in Monroe. They include;
· Battery against an officer of the law
· Battery against a child
· Domestic battery
· Battery against an aged person
The first and most important thing to do when charged with battery in Monroe is to speak to a battery lawyer in Monroe. Talking to a battery lawyer can help you know where you stand on your case and it's the best help you need at the point of the prosecution.
Carl Barkemeyer is a skilled and experienced criminal lawyer in the area of Ouachita Parish. He has a deep understanding of how battery cases work. He uses his experience and understanding to help you achieve the best possible outcome in your case.