We’ve all heard the term battery before and many times get confused between assault and battery or assume it’s the same thing.
The criminal charge of battery in most jurisdictions is the offensive touching or striking against the will of the victim.
In most jurisdictions there are different levels of battery. For example, if you touch or strike someone and you don’t cause serious injury, it’s usually called simple battery. In most states or jurisdictions, that would be a misdemeanor, which is the lowest level of criminal charge.
In some states they have what’s called aggravated battery or felony battery. Aggravated battery occurs when you cause serious bodily injury such as a broken arm or cause them to have stitches. Or, it also includes use of a deadly weapon such as stabbing some one with a knife in the arm, yet it’s not enough to constitute attempted murder.
In conclusion, a battery is touching or striking of someone against their will. It doesn’t have to be your hand; it can be an extension of your hand such as a stick, knife or gun. Depending on your jurisdiction, it may be a misdemeanor battery or a felony aggravated battery.
Contact Carlson Meissner for a Free Consultation regarding your battery case.