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Elements of a battery charge

The difference between assault and battery can be confusing, so let's take a look at some of the finer details of these two charges. Any unlawful physical contact can be considered battery. The contact has to be threatening for the victim. The use of force against another person without their consent may also be regarded as battery. However, intent is a very important part of battery charges. The prosecution must establish intent in order to get a guilty verdict in battery cases. However, you may also face battery charges even if you had no ill intentions.


An assault can be differentiated from a battery because assault can take place without physical contact. Conversely, physical contact is an essential part of battery charges. But the intention of making harmful physical contact can also be classified as a battery in some cases. If there is intent to harm another person and threats are being made, it is an assault. But as soon as physical contact takes place, battery charges are automatically added to the equation.

Battery is a different form of crime and the laws are slightly complicated. The prosecution does not need to prove that severe physical injury was caused due to the physical contact. They only need to establish that unwanted physical contact took place. But in battery cases, it is important for the prosecution to highlight the fact that physical contact was unwelcome and offensive for the plaintiff. If the prosecution manages to prove these things, the defendant could be found guilty by the jury.

Being charged with battery can create severe problems for the defendant. It is important to contact an experienced attorney as soon as possible. The attorney will assess the evidence against you and come up with a viable defence strategy.


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Law Offices of Mark A. Thiel
3439 Brookside Rd., Suite 205
Stockton, CA 95219

Phone: 209-390-4601
Fax: 209-475-4951
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