what kind of lawyer for battery

Full Answer

What does a civil assault and battery lawyer do?

A civil assault and battery lawyer helps victims sue for money damages from the assailant. Use FindLaw to hire a local civil assault and battery lawyer to get compensation for medical expenses, emotional distress, or pain and suffering.

Do I need a lawyer for an assault charge?

Regardless of the circumstances that prompted assault charges against you, it is always in your best interests to retain an attorney who has a track record with defending those accused of assault. Your freedom could be at stake - connect with an attorney immediately when you are charged with assault.

Can a person not be found guilty of criminal battery?

For example, if the person never actually intended to strike or contact the person, they might not be found guilty of criminal battery (although they might face civil charges). Do I Need a Lawyer for Help With Battery Charges?

What are the defenses to a felony assault or battery charge?

Defendants charged with felony assault or battery have the usual defenses available to all criminal defendants, starting with "You've got the wrong person, it wasn't me."

Is battery a felony in Wisconsin?

In Wisconsin, the crime of battery (intentionally causing injury to another person, including an unborn child) will be punished as a felony when it causes substantial or great bodily harm, or is committed by or against certain people.

What is the penalty for battery in Wisconsin?

Battery is a common misdemeanor offense in Wisconsin criminal courts. Simple battery in Wisconsin, which is a battery that does not cause substantial bodily harm or worse, is Class A misdemeanor punishable by up to a $10,000 fine and 9 months in jail.

Is battery a major crime?

Battery is a misdemeanor that may result in up to $2,000 in fines and up to six months in jail. Aggravated battery that results in serious bodily injury can be escalated to a felony charge and more serious fines and prison time.

What does it mean to be sued for battery?

While most battery cases are handled in criminal courts, if prosecutors are unwilling or unable to bring a case, you may be able to sue someone in civil court for battery. Battery is generally defined as the intentional touching of another person in a harmful or offensive manner, without consent.

Do you go to jail for battery in Wisconsin?

Under state statute, misdemeanor battery is a Class A misdemeanor, meaning up to 9 months in prison, up to a $10,000 fine or both. In some circumstances, a battery can face severe felony charges in Wisconsin.

What is the Wisconsin statute for battery?

940.19 Battery; substantial battery; aggravated battery. (1) Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.

What is felony battery?

Definition of Felony Battery Under the law, Felony Battery is committed where a defendant actually and intentionally strikes a person (without the person's consent) and, in doing so, “causes great bodily harm, permanent disability, or permanent disfigurement” to the alleged victim.

Is battery the same as assault?

Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a reasonable person would foresee as threatening to them. Battery refers to the actual wrong act of physically harming someone.

Can battery without assault?

Battery also differs from assault in that it does not require the victim to be in apprehension of harm. In short, one can have an assault without a battery and a battery without an assault, but in most cases, battery follows an assault. This article shall provide the basic law applicable to assault and battery.

How do you prove a battery tort?

The following elements must be proven to establish a case for battery: (1) an act by a defendant; (2) an intent to cause harmful or offensive contact on the part of the defendant; and (3) harmful or offensive contact to the plaintiff.

Can you sue someone for battery?

Assault and battery is also an "intentional tort." That is, a civil wrong. It can form the basis of a personal injury lawsuit. Victims can sue perpetrators for money damages to compensate the victim for the harm they suffered.

Is battery a negligence?

A battery is an intentional tort, as opposed to an act resulting from negligence.

What are the defenses to assault and battery?

The following is a list of defenses that may apply to civil or criminal assault and battery charges: 1 Self-Defense: The most well-known defense to assault and battery is that the defendant was acting in self-defense. This means that the defendant was the person initially attacked by the plaintiff and committed assault or battery to protect themselves. This may also open the plaintiff to a counter-suit for assault and battery by the defendant. Further, a person may also use reasonable force to defend another person in some cases; 2 Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; 3 Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched. For example, if the plaintiff was actively participating in a contract sport or at a sports event where the possibility of being hit by an object was a known risk, such as at a baseball game; or 4 Denial of Elements: As noted above, a victim must be able to prove all of the required elements of an assault and battery. Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What are the elements required to prove civil battery?

In order to succeed in a civil suit for battery, you must typically prove the following elements: That there was a harmful or offensive intentional act made by a defendant; That resulted in a touching or application ...

What to do if you are charged with assault?

If you have been charged with criminal assault or battery, you should contact an experienced criminal defense attorney immediately. They will be able to help you assert any available defense to the charges brought against you, defend you in court, and guide you through the entire criminal process.

Is assault and battery a criminal offense?

However, every state also has criminal statutes for assault and battery. This means that both acts can result in prosecution by state courts, which may result in fines and jail time for the aggressor. Although both civil and criminal assault and battery share similar legal requirements of proof, many criminal statutes may vary ...

Can civil and criminal charges be brought against you?

It is important to note that both civil and criminal charges may be brought against you simultaneously, therefore, it is important to consult with a criminal defense attorney and/or a personal injury defense attorney immediately to help you navigate the legal process of both claims.

Do you have to have physical contact with a victim to be charged with battery?

Importantly, there is no requirement that the defendant must intend to have made physical contact with the victim for a battery to occur; only that they intended to cause imminent apprehension of fear of physical harm in the victim that resulted in contact.

What is the difference between assault and battery?

Assault: An assault occurs when one person threatens or intimidates another person. The transgressor doesn’t need to act — the victim simply needs to feel an imminent threat. Battery: Battery takes place when one person physically harms another person.

What happens to the victims of assault and battery?

Sadly, the victims of assault and battery often suffer severe injuries that saddle them with not only extreme physical anguish and hefty medical bills, but also significant emotional trauma.

Can you file a civil suit against a battery victim?

Assault & Battery. Assault and battery are distinct but related offenses that can cause severe trauma for the victim. Although these acts often lead to criminal proceedings, it’s also possible to file a civil suit against the defendant. If you were the victim of assault or battery, it’s important that you consult with a personal injury lawyer ...

Is assault and battery a civil case?

Assault and Battery Personal Injury Claims. Although assault and battery are often subject to criminal liability, the civil court system can also oversee these cases. Whereas in criminal court the defendant may be found guilty and face jail time, civil lawsuits offer victims a potential path to financial compensation.

What are some examples of felony battery?

Examples of felony battery include battery against a woman, child, or police officer, and battery that involves the use of a deadly weapon. Find the Right Criminal Lawyer. Hire the right lawyer near your location. Find My Lawyer Now!

What is aggravated battery?

Battery against an elder person. Depending on the class of victim, some types of battery charges are considered “aggravated” charges, meaning that they will result in felony charges instead of misdemeanor charges. Examples of felony battery include battery against a woman, child, or police officer, and battery that involves the use ...

What is the difference between assault and battery?

However, many people don’t understand the distinction between assault and battery. An assault only involves the threat of harm, whereas battery requires actual physical contact between the assailant and the victim.

How long is battery in jail?

This means that battery is usually punishable by criminal fees and/or actual time spent in jail (usually less than one year). More serious forms of battery, or repeat instances of battery may result in more serious legal consequences, and can often result in felony charges instead of simple misdemeanor charges.

What is battery charge?

Battery is a type of criminal charge that involves the unauthorized application of force against another person’s body, which results in offensive touching or actual physical injury. In most instances, battery will result in misdemeanor criminal charges.

Can you have a battery against a child?

Yes- there can be various types of battery depending on the state and state laws. These are usually grouped according to the class of victim. For example, battery can be sub-divided into other categories like: Battery against a police officer. Battery against a child. Battery against a spouse.

Can you be found guilty of battery if you never intended to strike?

For example, if the person never actually intended to strike or contact the person, they might not be found guilty of criminal battery (although they might face civil charges).

What is simple battery?

Battery is considered one of the most serious misdemeanor violations one can commit. Simple Battery is Class A Misdemeanor, and is considered a "Crime of Violence". The allegation for this offense, is that you committed bodily harm or contact of an insulting or provoking nature to another person. Illinois law provides for enhanced criminal charges if the alleged victim suffered serious injury or permanent disfigurement. Further, if you are convicted of Battery, you cannot expunge this offense from your criminal record.

What is the maximum penalty for battery?

The maximum penalties for the charge of Battery, is up to one year in County Jail with Fines and Cost of $2,500.00 or both. In addition, the Presiding Judge in your case can also sentence you to a period of Probation, Anger Management Counseling, Alcohol Counseling, Drug Counseling, and Public Service Work. In some instances, you may also be required to pay restitution for any medical expenses incurred by the alleged victim. Battery, is considered a "Crime of Violence" and a conviction can adversely affect you for the rest of your life.

Is simple battery a crime?

Simple Battery is a very serious criminal offense, and you should contact an experienced Criminal Defense Attorney immediately. Prosecutors view Simple Battery cases as "Crimes of Violence". Crimes of Violence are considered the most serious, because they involve harm to other people, rather than property. A conviction for Battery can also carry with it very serious consequences, and can irreparably damage your reputation and employment opportunities. I can provide you with advice on how to address your pending Simple Battery case and can provide you with a plan to protect your freedom and your future. I understand the value of your freedom and the importance of your reputation and I will use my knowledge and experience to secure the best possible results in your case.

What Should You Plead?

Most people want to plead no contest, or guilty on their first court date, in order to get it over with minimal cost involved. The problem is when someone commits this crime; there are aggravating factors in their case, even if it is not true.

What Is The Punishment For Assault And Battery With A Deadly Weapon?

The punishment for assault and battery with a deadly weapon is going to depend on a number of factors. First, one of the most important factors is whether it is an assault, or a battery, because the two are very different. Think of a simple assault as a swing and a miss, whereas a simple battery is a swing and a hit.

You Might Also Like

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just…

What is the difference between a misdemeanor and a felony?

The difference between being charged with a misdemeanor or a felony often hinges on the skills of the criminal law attorney who you have hired. If you have been charged with assault, the first thing you need to do is track down a criminal defense lawyer who is focused on defending assault charges.

What are assault charges?

Assault Charges. Assault charges can stem from a variety of different circumstances, including: A road rage incident. A fight in a bar. A dispute with a neighbor. Domestic violence. A simple misunderstanding that develops into a physical altercation.

Is assault a misdemeanor?

Assault. Depending on where you live, and on the specific circumstances of your case, an assault charge can be a misdemeanor or a felony. Many people do not realize it, but a charge of simple assault can be turned into assault with a dangerous weapon or felonious assault based on just a few small things. The difference between being charged ...

4 attorney answers

I would suggest you do need a lawyer. This sounds like it could get messy. If you can't afford a lawyer, and qualify, they will appoint counsel for you at court. Otherwise, you should hire your own. A lawyer can guide you through the system. You wouldn't remove your own tonsil...

Jessica Ann Foley

Do not be mislead that because Assault & Batery is a misdemeanor, that it is an insifnificant charge. I would seriously consider seeking the funds for a good private criminal attorney. You will not be allowed to simply go into the court and tell them your story. You really only get to tell your story if you go to trial.

Henry Lebensbaum

You most certainly need an attorney. My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state or at all for that matter and that I am just making suggestions for starting points for when you do speak with an attorney.

What is the crime of battery?

The crime of battery is the intentional touching of another in an angry manner or the intentional use of force or violence against another. Grabbing someone's arm, pushing or punching a person, or striking a victim with an object all are crimes of battery. The crime of assault is defined differently from one state to another.

How long is a felony battery?

Felony assault and battery usually are felonies punishable by approximately one to 25 years in prison, depending on the specific provisions of each state's sentencing statute or sentencing guidelines. Normally, the judge has some discretion on the length of the sentence and whether to allow the defendant to serve any portion of the sentence on probation rather than in prison.

What is the process of proving assault or battery?

Proving the Case. In order for a defendant to be convicted of felony assault or battery, the prosecutor or district attorney must prove every aspect of the crime (called the "elements" of the crime) beyond a reasonable doubt. The evidence must prove that the defendant intentionally threatened an attack and caused the victim fear;

What defenses are available to a felony?

Defendants charged with felony assault or battery have the usual defenses available to all criminal defendants, starting with "You've got the wrong person, it wasn't me." In addition, a defendant can claim self-defense or defense of others and present evidence that the alleged victim initiated the confrontation and that the defendant was defending himself or another person from the alleged victim's attack. That defense may take the form of showing that a weapon actually was in the victim's possession or that the victim made the first threat or struck the first blow.

What are some examples of felony assault?

Examples of Felony Assault or Battery Include: striking or threatening to strike a person with a weapon or dangerous object. shooting a person with a gun or threatening to kill someone while pointing a gun at the victim. assault or battery with the intent to commit another felony crime such as robbery or rape.

What is assault or battery?

assault or battery resulting in serious physical injury, including permanent disfigurement. assault (threat of violence) while concealing one's identity, and. assault or battery against a member of a protected class, such as a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person.

Is assault a misdemeanor?

Simple assault or battery is the least serious form of assault or battery, usually involves minor injury or a limited threat of violence, and is a misdemeanor. Felony assault or battery (also referred to in some states as aggravated assault or battery) involves circumstances that make the crime more serious, as when the victim is threatened with ...