Under US criminal law, felony or aggravated battery is the most serious type of battery charge. Standard or simple battery is typically defined as force applied to another person’s body, resulting in harmful or offensive touching. These elements are present in aggravated battery cases, along with factors like: weapons use, serious bodily injury, and the victim’s status as a woman, child or police officer. By hiring a criminal law lawyer, a person can defend themselves against accusations of aggravated battery, and they may potentially be able to get charges reduced or dismissed.
Aggravated Battery’s Legal Consequences
Aggravated battery cases are typically filed as felonies, which carry the potential for heavy fines, mandatory rehabilitation and a prison sentence of one year or more. Felony charges are very difficult to remove from a criminal record, which can make it hard for a convicted person to get certain federal benefits and jobs. Due to the violence involved in these cases, a person convicted of aggravated battery loses the right of firearm ownership, and they may also lose the right to child visitation and custody.
Aggravated Battery Defenses
The availability of aggravated battery defenses depends on the facts of the case, the state’s criminal laws and whether anyone suffered serious injury. Some of the most common defenses are self-defense, duress, defense of other people and involuntary intoxication. However, a defendant and their attorney must prove that the elements of an aggravated battery were not fulfilled. Distinctions can be quite complex and should be handled by a defense attorney.
Does an Accused Person Need to Hire an Attorney for a Defense Against Aggravated Battery?
Charges are very serious in aggravated battery cases, and they can result in long lasting and severe legal penalties. As with any criminal proceedings, a defendant has the legal right to have an attorney appointed by the state. However, to avoid any conflict between attorneys and clients, it’s best for a defendant to hire a private defense lawyer with Addair Thurston, Chtd. A local criminal law lawyer can represent a client’s interest and formulate a defense strategy during court hearings and at trial. You can also follow them on Twitter for more updates.