Battery is the illegal use of force upon another person, or harmful touching. Generally, the contact must have been intentional; an inadvertent contact does not constitute a criminal battery charge. Battery is considered a misdemeanor, which can result in fines and up to a year in jail. Aggravated battery (using a weapon, or upon a child, woman or police officer) is considered a felony. Below, you will learn more about the ways a Defense Attorney in Reading PA can help you win your case.
Defenses to Battery Charges
Battery is a serious offense, but there are certain cases where suspects can claim defenses such as:
* Intoxication-;If the defendant was not responsible for their being under the influence, they can claim involuntary intoxication as a defense.
* Self defense-;This defense is one of the most common, but the suspect can only respond with force equal to that which was used upon them.
* Privilege-;Battery may be justified if the suspect committed the offense during a “citizen’s arrest”.
* Consent-;Battery charges cannot be brought if the contact was authorized.
* Coercion-;Can be used as a defense if the suspect committed the offense under threat of injury to themselves or a family member
In some cases, defense of personal property can be used. However, people cannot use deadly force to defend their property unless the aggressor first used or threatened deadly force. Some jurisdictions and states have other defenses listed, and your lawyer can tell you more about the defenses available to you. Get in touch with Ebner Nevins & McAllister for more information on criminal defense attorney.
Proving a Battery Defense
Defenses to battery charges can be proven through a variety of methods, such as:
* Testimony-;Witnesses and bystanders can often tell the court how the incident happened. Witness testimony is helpful when proving which party escalated the incident.
* Physical evidence-;Marks on a person’s body or belongings can help investigators recreate the incident.
* Victim statements-;Can often confirm the innocence of a defendant
* Police reports-;Are generally solid, because they are made at the time of or shortly after the incident
* Medical reports-;These and testimony by doctors can tell the court whether weapons were used, and give information on the severity of the damage.
Criminal battery law varies widely from one jurisdiction to another, especially where property or self-defense is concerned. Your criminal Defense Attorney in Reading PA can give you case-specific advice, and help you form the best defense against the charges you are facing.
