Battery laws deal with the consequences of offensive touching or another person. It’s a tort and a crime, meaning that victims can sue, and the government can seek convictions. Simple battery is a misdemeanor, but the battery on a child or an elderly person is typically a felony. Tort and criminal cases follow the same principles, but the burden of proof is lower. If you are facing battery charges, Click here to consult a criminal law firm in Gilbert AZ for legal advice.
Assault and Battery: What’s the Difference?
Battery and assault are closely related. In fact, the offenses are similar enough that the terminology is often used interchangeably. The establishment of the offense depends upon the victim’s awareness of the impending threat and whether violence actually occurred.
The Elements of a Battery Case
There are certain elements that are necessary in a battery case. If a plaintiff or the government cannot prove the elements of a battery case, the case cannot stand. The high burden of proof means that it is very important for everyone involved in a case to know what’s required to document a battery offense. There are three components to a successful battery case, as described below.
• Offensive or harmful touching of another person
• Causation
• Intent
The element of unlawful touch is based upon the “reasonable person” doctrine, and ordinary contact will not be considered battery even if the victim was aware. However, results can change if the suspect was aware of the victim’s susceptibility to ordinary contact, proving intent.
The element of causation requires only that the victim’s injuries be attributable to the suspect’s actions. This element rules out odd scenarios, such as when an accident causes a series of events culminating in a battery offense.
Defenses
Once a case is established, a criminal law firm in Gilbert AZ has a chance to present the client’s case in court. Consent is one of the most common defenses, and victims can consent through written or behavioral means. Other defenses include self-defense, privilege, necessity and defense of others.
If you are facing battery charges, you will need a criminal law firm in Gilbert AZ, such as The law firm of Janet R. Feeley L.L.C., that’s willing to investigate your case thoroughly. Tort plaintiffs can benefit from legal representation as well, as it is difficult to prove liability in tort cases.
