Battery is a crime that often goes along with assault. However, battery can be handled alone as there are various forms of the crime. It can be done intentionally or unintentionally. Battery is an act that is committed when one person hits or strikes another against that person’s will. The charges can also stem from causing physical harm to another person. In most cases, the victim will press charges against the person who has committed the crime. There are some instances where a person could commit battery without the intention of hitting another, such as throwing an object that hits someone else. The person who threw the object might not have meant for the item to hit the victim, but it did make contact, causing harm to the victim. There isn’t a requirement that the victim needs to be injured when it comes to battery charges. There only needs to be a form of unwanted contact.
There are various punishments for a charge of battery in New York City depending on the severity of the crime committed. An attorney can help determine the proper punishment for the defendant. Prosecutors will often try to seek the maximum punishment, but a plea deal can be made if the person didn’t intentionally hit the victim. There are a few defenses that can be used in regards to battery and getting the charges dropped or lowered. A common defense is a lack of injury. If the victim is not injured, then it’s sometimes difficult to prove that the person was hit, especially if there were not witnesses to the incident. Another common defense is lack of intent. Justification is another common defense that is used. This is when the person who committed the act of battery did so in self-defense because the other person was trying to inflict harm.
The penalties for battery charges will depend on whether the crime is considered a misdemeanor or a felony. This usually won’t be settled until the defendant goes to court, but the attorney can submit paperwork before the trial to show an kind of proof that the act was not done on purpose or that there were no injuries received by the victim. If the attorney represents the victim, then there should be documentation that an injury has taken place or that the act was done with intent.
There will often be fines associated with the punishment. Most of the time, the fines will be less than $1,000. If the defendant has a criminal background and has committed similar acts, then a jail sentence of less than 1 year could be put in place. However, if the person has close ties to the community and a job, then probation of up to a year could be an option. A felony battery offense could carry between 5 and 25 years in prison. If the battery is against a police office, then the sentence could be as long as 30 years in prison. The sentence will depend greatly on how the attorney can negotiate with the prosecution and the history of the defendant.