Battery Defense Lawyer

Often, you hear the term “battery” used in conjunction with assault. For instance, someone who attacked another person might be charged with assault and battery. This makes it sound like a single charge, but the truth is that they are separate charges. Battery can be either a misdemeanor or a felony depending on the situation, and it can carry with it very serious consequences.

What Is Battery?

Battery is actually very simple to define – it is intentional and unlawful physical contact with another person. It does not need to be a punch or kick, either. A simple hand on a shoulder can constitute battery in some situations. Any form of physical contact, whether on bare skin or through clothing, can be considered battery.

Does Battery Always Include Assault?

No, battery does not always include assault, but it often does. In the same vein, you can be charged with assault but not battery. For instance, if someone were to take a swing at another person but miss, they could be charged with assault because the swing made the other person apprehensive of harmful physical contact. However, because the swing missed, the person could not be charged with battery, assuming that the altercation ended there.

What Can Be Considered “Battery” in a Court of Law?

Almost any form of unwanted physical contact can be considered battery. The key is in how the physical contact was made. If it was made in a rude, angry, or violent manner, it can definitely be considered battery. The other person does not need to suffer any form of injury or even discomfort from the contact for battery to be applicable. For instance, two people are having a conversation. The first person breaks it off, and turns to go. The second person reaches out and grabs the first person’s wrist, holding them there against their will in order to finish speaking. This could be considered battery because the contact was unwanted.

How Do You Defend Against Battery Charges?

Battery charges carry serious consequences, including jail time, fines, and a criminal record. However, a strong defense can make a significant difference in your case. In Seven possible defenses for battery charges, I share my criminal defense expertise in this area. I wrote it to provide an accurate layman's guide. Read it if you wish to learn more about this criminal defense practice area.