In the realm of domestic criminal defense, battery pertains to unlawful physical contact. So as to be charged with Battery you want to use force against another person that results in harm. The seriousness of a battery charge depends on the exact action as well as the jurisdiction in which the crime happens.
Domestic violence can come under the heading of battery. Effectively one party uses some sort of control to manipulate the situation with their partner. Abuse, in contrast, comes in one or two forms including mental, emotional, physical, finance and sexual. Any behaviour that leaves a partner feeling frightened, degraded, wounded, or forced may be classified as abuse. It's only when the abuse becomes physical does it move into the area of battery.
In common law regulations, battery comes under misdemeanors. For this charge to stick, the prosecutor must prove that unlawful force was applied to the complainant. The end result was 'offensive ' touching or bodily injury. As with many laws , however , the particulars of battery have state-specific differences.
There are numerous kinds of battery with which an individual may be charged. Straightforward battery consists of insulting non-consensual contact with the intent of wounding another. In easy battery it is unimportant the scale of wounds so much as the action and plan that creates the criminal part. There's also sexual battery, which is more intense. This is also non-consensual but involves any type of sexual activity that involves penetration be it anal, oral or vaginal.
Third is worsened battery. As this sounds, this is a more serious crime that would reach felony level. The key difference between this and easy battery is the loss of a limb or permanent physical harm including disfiguration. Eventually family violence battery concentrates on the aggression between related people.
In some areas a charge of criminal battery requires that the perpetrator's mental condition comes into proof, but this particular element depends heavily on the jurisdiction. Nevertheless, careless indifference to the results of one's actions definitely plays a part in deciding the charge of Battery.
Domestic violence can come under the heading of battery. Effectively one party uses some sort of control to manipulate the situation with their partner. Abuse, in contrast, comes in one or two forms including mental, emotional, physical, finance and sexual. Any behaviour that leaves a partner feeling frightened, degraded, wounded, or forced may be classified as abuse. It's only when the abuse becomes physical does it move into the area of battery.
In common law regulations, battery comes under misdemeanors. For this charge to stick, the prosecutor must prove that unlawful force was applied to the complainant. The end result was 'offensive ' touching or bodily injury. As with many laws , however , the particulars of battery have state-specific differences.
There are numerous kinds of battery with which an individual may be charged. Straightforward battery consists of insulting non-consensual contact with the intent of wounding another. In easy battery it is unimportant the scale of wounds so much as the action and plan that creates the criminal part. There's also sexual battery, which is more intense. This is also non-consensual but involves any type of sexual activity that involves penetration be it anal, oral or vaginal.
Third is worsened battery. As this sounds, this is a more serious crime that would reach felony level. The key difference between this and easy battery is the loss of a limb or permanent physical harm including disfiguration. Eventually family violence battery concentrates on the aggression between related people.
In some areas a charge of criminal battery requires that the perpetrator's mental condition comes into proof, but this particular element depends heavily on the jurisdiction. Nevertheless, careless indifference to the results of one's actions definitely plays a part in deciding the charge of Battery.
About the Author:
Stephen Mays is the founder of The Mays Law Firm, a law firm in Brevard County offering free consultations from their website for criminal defense and family law.
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