Battery Attorney in San Marcos-
Battery is a contemporary legal phrase that combines the distinct charges of assault and battery. The real wrongdoing of physically injuring someone is referred to as a battery. In-state legislation, for example, the term assault might refer to a common law assault, a battery, or both at the same time. Furthermore, battery can apply to either a tort or a criminal offense, and the factors and definitions of the charges vary depending on the kind of prosecution. An attack and battery can result from someone driving a car or hurling anything at the victim.
Definition of Battery
Although the meaning of battery varies by jurisdiction, a common definition is an intentional offensive or harmful touching of another person without their agreement. A battery crime, according to this broad definition, requires all of the following:
Touching with intent.
The touching must be damaging or objectionable in some way.
Physical harm without the victim’s permission.
Intent Requirement For Battery
Battery Attorney in San Marcos-It might be surprising for you to know that battery normally does not involve any intent to cause injury to the victim (although such intent often exists in battery cases). Instead, a person must only intend to touch or induce contact with another. Furthermore, if someone behaves criminally, recklessly, or negligently, resulting in such contact, it may be considered an assault. As a result, accidentally bumping into someone, no matter how insulting the “victim” finds it, does not constitute a battery.
Act Requirement For Battery
The criminal conduct necessary for the battery is an offensive or damaging contact. This can range from the apparent battery, which involves a physical attack such as a punch or kick, to even slight touch in some situations. In most cases, a victim does not need to be damaged or harmed for a battery to occur as long as an offensive contact is made. Spitting on a person, for example, does not physically damage them, yet it might nonetheless constitute offensive contact sufficient for a battery. The “ordinary person” perspective is frequently used to determine whether a specific interaction is offensive.
Battery Attorney in San Marcos-An Attorney Assist you in your Battery Case
Key defenses may apply in a battery case, especially if two persons were involved in a mutually heated discussion. Suppose you or your loved one is facing a criminal battery charge. In that case, you must contact a criminal defense attorney as soon as possible to better understand the allegations and the potential repercussions that come with a conviction.