Battery is defined as an unlawful and intentional touching or striking of another person against the will of that other person. If you have committed a prior battery, and were found “guilty” of the prior charge, even if adjudication was withheld – you may be charged with a felony battery on a second or later battery, which becomes a third degree felony punishable by up to five years in the state prison system. Also – if you are charged with a misdemeanor battery that involved a family member or other person who qualifies as a domestic partner – a conviction, even as a misdemeanor, will bar you thereafter from ownership or possession of firearms or ammunition. A person charged with this offense can face a maximum of 1 to 30 years in prison if convicted of this offense.
These cases many times turn into your word versus theirs, kind of a he said/she said situation. Let me use the benefit of my experience to ferret out these inconsistencies that arise in the police reports and the sworn statements of witnesses and alleged victims. These inconsistencies may lead to reduced charges, dismissal and/or an acquittal.
Harmful or offensive touching on the alleged victims may be hard for the prosecutor to prove.
Stand your ground
Is a defense that allows a judge to determine the validity of a self defense claim and should always be alleged when defending these cases. A person is under no obligation to retreat in the face of a reasonable fear that threatens life or limb, or threatens the same to a family member. I have argued numerous cases regarding this issue, and in some cases the need to defend one’s self is the most important fundamental issue that insulates the accused. it allows people to protect themselves without fear of arrest or incarceration.
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