Combating Battery Charges

Assault and battery are frequently used with one another; however their legal definitions are separate and distinct. Assault refers to the threat of causing bodily harm. Physical contact need not take place to file an assault charge. Simply telling somebody you are going to harm them, coupled with the ability to carry out that threat is assault. Assault does not consist of physical contact or offensive touching, whereas battery does.

Battery consists of offensive, unwanted and non-consensual touching against another person. One doesn’t have to cause serious bodily injury to be guilty of battery. Merely shouting in someone’s face and poking them in the chest in anger could be sufficient for battery charges to be filed against them. If you get angry with another person, you better think twice before laying a finger on them. A simple battery charge in Orange County can be penalized by informal probation, up to 6 months in jail, a maximum $2,000 fine and mandatory completion of a batterer’s program. If you have been accused of battery, contact an Orange County criminal defense attorney without delay.

On the other hand, if the victim sustained serious bodily injury, or if a weapon was used against the victim, such as a gun, knife, hammer or other object, then you could be facing felony charges for aggravated battery. Aggravated battery is punishable by up to 4 years in state prison and the possibility of a “strike” on your criminal record.

Defenses against Battery Charges

Every person has a right to defend themselves. Self defense is a common defense against battery charges. Another typical defense would be defense of another, providing they were not in the wrong. For example if you saw somebody attacking an innocent person and you ran to their aid. If you had to throw a few punches in order to stop the attacker that would be a reasonable defense. Furthermore, perhaps you harmed the other person purely by accident, or perhaps you lacked intent.

If you have been arrested for assault or battery, contact an Orange County battery defense lawyer from the Law Offices of Virginia L. Landry today. We will investigate every aspect of the charges against you and cross- examine witness testimony. We will unearth any mitigating circumstances that may help you obtain a reduction in charges or get them dropped entirely.

Contact an Orange County battery defense attorney from our firm for a free initial consultation.