Battery

A battery is any willful and unlawful use of force or violence upon the person of another. Battery requires intent to use unlawful use of force or violence upon the person of another. An accident would not be intentional. Furthermore, it must be upon a person of another, but if the one intentionally uses force against something connected to a person, then this would be upon the person of another (e.g. shooting a horse while the victim was on the horse).

Penalties for a battery include:

  • A battery not committed upon a child and with no deadly weapon and no substantial bodily harm to the victim, is a misdemeanor
  • A battery not committed upon a child and no deadly weapon, but there is substantial bodily harm or strangulation, a category C felony with a 1 year to a 5 year maximum prison term and a possible fine not more than $10,000
  • A battery committed with the use of a deadly weapon and no substantial bodily harm, a category B felony and a minimum 2 years and maximum 10 years prison sentence and possible fine of not more than $10,000
  • A battery committed with the use of a deadly weapon and substantial bodily injury results or strangulation, then a category B felony and a minimum 2 years and a maximum 15 years prison sentence and possible fine not more than $10,000
  • A battery may also constitute Domestic Violence and if committed upon a child then Child Abuse and harsher penalties may apply

A battery charge is a serious charge and depending on the victim and harm, it carries varying penalties. There are defenses to a battery. For example, lack of intent to cause battery; force or violence was not used upon a person; self-defense if reasonable under the circumstances; and consent if the conduct was consented to and it was within the scope of the consent (e.g. a boxing match where one boxer pulls out a knife and stabs the other is not within the scope of consent).

Contact The Law Offices of Garrett T. Ogata at 702-366-0891 to schedule a consultation and discuss your battery charges and defenses.

See Victories link