Criminal charges of all forms can be damaging to the reputations and futures of the individuals who must face them. Those who are forced to confront erroneous charges are encouraged to seek out legal guidance from individuals who can give them case-specific advice. While this New York criminal defense legal blog does not provide advice on the topic of battery, readers may use the contents of this post as a place to introduce themselves to this specific criminal charge.
Unlike an assault, which does not have to involve physical contact, an alleged battery must include some physical contact between an alleged victim and their alleged aggressor. Not all touching counts as a battery though. Generally, the touching or contact between the parties must be considered offensive or harmful to the alleged victim.
Additionally, a charge of battery may not be predicated on contact between an alleged victim and alleged perpetrator that was consensual. An individual may not consent to contact with another person and then later allege that the contact was harmful and unwanted.
As such, consent may serve as a defense to individuals who have been charged with battery. Other defenses may also be appropriate in specific battery cases, and those should be addressed with readers’ own legal advisors. These defenses can include, but are not limited to, self-defense, defense of another person or the defense of one’s property.
A conviction based on a charge of battery can result in serious consequences for the individual charged with the alleged crime. While it is not possible to guarantee legal outcomes, individuals who choose to fight their criminal charges with defense attorneys can sometimes find favorable outcomes to the serious legal challenges put before them.