Criminal "battery" is when the accused actually and intentionally touches or strikes another person against the will of the other, or intentionally causes bodily harm to another person.
If it is the first accused first offense the battery charge will typically be a misdemeanor of the first degree, punishable by up to a $1000 fine, twelve (12) months jail and/or probation.
A person who has one prior conviction for battery, aggravated battery, or felony battery, and commits any second or subsequent battery commits a felony of the third degree, punishable by up to a $5,000 fine, five (5) years prison and/or probation.
A person commits aggravated battery if in the course of committing battery, they intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; if they use a deadly weapon in the commission of the battery crime; or if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. Aggravated battery is a felony of the second degree, punishable by up to a $10,000 fine, fifteen (15) years prison and/or probation.
Because Battery charges are crimes against the public and their safety, battery charges are prosecuted in a more aggressive manner than other misdemeanor crime charges.
A battery conviction can only be accomplished if the prosecution can prove the act of battery was intentional, or inflicting physical harm on another was foreseeable by the accused.
When charged with any criminal offense it is important to be made fully aware of your legal rights, defense strategies, and to have aggressive, detailed, and dedicated criminal defense legal representation in your corner.
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JOSHUA E. SCHOEN, P.A.