What Is the Legal Definition of Simple Battery
Let`s look again at the fundamental differences of the subsets of the battery: let`s look at the different forms of the battery – single battery, battery and exacerbated battery. Simple bodily harm is defined by the state as a deliberate threat by word or action to commit an act of violence against another person that creates a well-founded fear in the victim that violence is imminent. It is classified as a second-degree offense punishable by up to 60 days in jail, 6 months` probation or a $500 fine. A simple charge of assault could be the result of a heated argument, provided that one person has a legitimate fear that their safety will be compromised by the words or actions of another. Although an act of violence is never physically perpetrated, threats are not considered freedom of speech protected by the First Amendment. The Supreme Court gives three reasons for not doing so: “To protect the individual from fear of violence, the disorder that causes fear, and the possibility of the threat of violence occurring.” In order to successfully convict a person of common assault, the state must prove three factors: For this reason, there are certain defences that can be used to reduce the severity of criminal assault charges or even to extinguish criminal assault charges altogether. Here are some of them: Charges not applicable: It is very common for law enforcement to charge you with a crime more serious than what justified your actions. As the above case law shows, representation by a lawyer with a thorough understanding of these laws can mean the difference between your time in prison and your freedom. A difficult battery is one that involves an aggravating circumstance. Adherence and punishment for heavy assault and battery is generally more severe than for bodily harm. You can take the same defenses in cases where the battery is depleted.
But you can also raise the defense that: not all ordinary offenders end up in jail or face hefty fines. In some cases, convicted persons may be invited to participate in community service or reprimanded at home under house arrest. With Carl Barkemeyer, criminal defense law firm behind you, you can appeal to get the most favorable result. Simple Battery in Louisiana is a battery committed without the consent of the victim. It could be as minor as pushing someone aside or punching them in the mouth. Assault is the deliberate use of force or violence against another person; or the deliberate administration of a poison or other harmful liquid or substance to others. Basically, you can`t have physical contact with another person without their consent. However, in some situations, the conviction escalates into an offence of a serious or serious nature. The penalty for a simple battery of a serious or aggravated nature is imprisonment for up to one year and a fine of up to $5,000. Offences that elevate assault to a high or aggravated level include: The exact definition of “aggravating circumstances” depends on the state in which the battery is charged. But the term most often means that you have committed assault: on the other hand, the penalties in cases of aggravated battery are generally more severe than in cases of ordinary battery.
Self-defense: This is a common defense used in attack and battery cases. However, there are some things you need to show to realize that self-defense was necessary. You must prove that (1) there was a threat of unlawful use of force or harm against you; (2) there was reasonable cause for your fear of harming yourself;(3) you did not provoke the threat; and (4) there was no reasonable chance for you to escape or retreat. One of our highly skilled battery lawyers can help you set up this defense. A simple battery is an illegal and unauthorized use of force on another person`s body without their consent. In a manner that is considered offensive or likely to result in bodily harm to the person. The simple battery, as the name suggests, is the smallest or lightest form of battery.