What is aggravated battery? Two men get into a bar fight. They get kicked out and take it outside to a parking lot. One man pushes the other to the ground and he lands with his neck on the curb, he hits his spinal cord and is paralyzed.
The serious bodily injury makes it aggravated battery, and an aggravated battery sentence is much more severe. As the example above demonstrates, a simple bar fight may result in very serious consequences. The best course of action is to seek counsel right away to best help your case, before you go to court.
See here about the difference a strong, proper defense can make. What if you were defending yourself?
In order to make a case for your innocence, your defense must prove you were protecting yourself or someone else from imminent harm, acted in self-defense, and did not use excessive force. Proving you used no more than the amount of reasonable force required is one of the many reasons why seeking proper defense right away is paramount to proving your innocence.
Threats can truly come back to bite you. If you threaten something specific, electronically or verbally, and it makes someone afraid you are going to hurt them or their family, you could be charged. It gets better with Proper Defense, we promise. They acted knowing they could harm or force the other person with your actions.
When is battery a felony? Or Send us a Message. Get my free consultation. This website uses cookies to improve your experience. Gilbert Kelly L. Lancaster Elizabeth M. Ellis Andrew A. Subscribe via RSS. Posted on May 05, in Criminal Law.
What is Assault? Understanding Felony Assault Charges Assault is punished as a felony crime under certain circumstances that increase the seriousness of the act. Contact Our McHenry County Assault Defense Attorney Today If you have been charged with either assault or battery, you could be subject to various penalties, including expensive fines and jail time.
What Is Aggravated Speeding? November 3. October 7. September 7. August 7. July 7. June 7. May 7. April 6. March 7. February 7. January 7. December 7.
November 7. If you could potentially be facing this or any charge, is important that you contact a skilled criminal defense attorney immediately to protect your rights. However, in order to be convicted of this offense, the prosecution must prove that you either knew, or had reason to know, that the victim was pregnant at the time of the assault and battery. This is a felony that carries up to 5 years in state prison for a first offense, and up to 10 years in state prison for a second offense.
A complete defense to this felony charge is not knowing that the victim of the assault and battery had an intellectual disability. Of course, you could still be charged with misdemeanor assault and battery if the elements of that offense are still present. It is important to contact a skilled criminal defense attorney to fully evaluate all police reports, statements, and investigate all potential defenses. Unlike the felony under s. Any real physical harm to the body of the child victim satisfies the element of "bodily injury.
For example, if the police report indicates that the accused grabbed the child's upper arm, and a bruise thereafter developed on the child's hand It is important for a skilled defense attorney to examine all evidence, and all potential defenses to this felony charge. In order to be convicted of this offense, the prosecution must prove that you:. As with the aggravated offense under MGL c. If you are charged with substantially injuring a child, you can expect to be prosecuted to the fullest extent of the law- this is not a charge that the Commonwealth takes lightly.
It is important to contact a skilled criminal defense attorney immediately, and do not speak to law enforcement officials. Under this statute, a "disabled person" is anyone with permanent or long-term physical or mental impairment that restricts the person's ability to provide for his or her own care or protection. It is important to have a skilled criminal defense attorney review all reports and evidence as soon as possible in order to make sure that your rights are protected.
This means that even if you did not intend for the person to be injured, you can face a felony charge. In order to be found guilty, the prosecution must prove that you knowingly disregarded risk of injury to the elderly or disabled person under your care.
A new law, M. While the elements of Assault and Battery are required, an additional element that the alleged victim was a "family or household member" is an additional element required for prosecution under this statute.
The law under this section defines "family or household member" as any of the following relationships between the defendant and alleged victim:.
This is a VERY demanding program, generally requiring a 40 week commitment.
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