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COMPASSIONATE, ASSERTIVE AND READY TO DEFEND YOU! If you have been charged with a crime, call Mike to privately discuss your case. Experienced and Professional.
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Catherine is an aggressive trial attorney that is experienced in complex criminal cases.
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2780 Snelling Avenue North, Suite 330, Roseville, MN 55113
331 2nd Ave S, Suite 840, Minneapolis, MN 55401
237 2nd Ave SW, Suite 111, Cambridge, MN 55008
50 South 6th Street, Suite 1500, Minneapolis, MN 55402
3453 Hennepin Ave, Suite 001, Minneapolis, MN 55408
Banks Building, 615 First Avenue NE, Suite 425, Minneapolis, MN 55413
270 Grain Exchange North, 301 Fourth Avenue South, Minneapolis, MN 55415
4272 Dahlberg Dr, Golden Valley Executive Center, Golden Valley, MN 55422
2150 3rd Avenue, Suite 130, Anoka, MN 55303
2350 Wycliff Street, Suite 200, St. Paul, MN 55114
13911 Ridgedale Dr, Suite 330, Minnetonka, MN 55305
331 2nd Ave S, Suite 705, Minneapolis, MN 55401
880 Sibley Memorial Hwy, Riverwood Place, Suite 100, Mendota Heights, MN 55118-1736
3800 American Blvd. West, Suite 1500, Bloomington, MN 55431
161 St. Anthony Avenue, Kelly Inn, Suite 820, St. Paul, MN 55103
10 South 5th Street, Suite 420, Minneapolis, MN 55402
225 South 6th St, Suite 1500, Minneapolis, MN 55402
278 7th St E, St. Paul, MN 55101
333 Washington Ave N, Suite 208, Minneapolis, MN 55401
3800 American Boulevard, Suite 1500, Bloomington, MN 55431
310 4th Ave S Ste 1050, Minneapolis, MN 55415
370 Selby Ave, Suite 207, St. Paul, MN 55102
401 North 3rd Street, Suite 650, Minneapolis, MN 55401
20686 Holyoke Ave, Suite 600, PO Box 862, Lakeville, MN 55044
212 2nd Street East, Suite 104, Jordan, MN 55352
Edina Criminal Battery Information
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What Is Criminal Battery?
The crime of battery refers to an incident in which the offender engages in unlawful (and unwanted) harmful or offensive physical contact with the victim. Whether or not the contact needs to be intentional depends on the laws where the offense occurred, as what constitutes battery varies by state and jurisdiction.
What Are Some Types of Criminal Battery?
Criminal battery, or simple battery, is just one form of battery under U.S. federal and state law.
Sexual battery takes place when non-consensual touching, groping or other unwanted and offensive sexual acts are visited upon the victim by the offender. At a nightclub, if a man gropes a woman who is dancing without her consent, he may face charges related to sexual battery if the victim deigns to pursue the matter in court.
Family-violence battery, or domestic violence battery, takes place when a family member — typically a spouse ‚— is violent toward the victim.
Aggravated battery is an escalation of simple battery, and is typically charged when an instance of battery involves a deadly weapon such as a knife or gun, or when the battery results in serious bodily harm as concerns the victim. When a battery takes place against a protected class of persons (as a result of a hate crime, targeting police officers or other public officials, or targets the elderly, the infirm, or a child), aggravated battery charges may also be the end result.
What Is the Difference Between Criminal Assault and Criminal Battery?
The primary difference between criminal assault and criminal battery is that the former does not require that the offender actually made physical contact with the victim, while the latter holds this element as requisite for charges.
To provide an example, a man who threatens (seriously, and with intent) another patron of a football game with violence, making intimidating gestures and who throws an empty bottle at the victim and misses, could be charged with the crime of assault. Had the empty bottle actually struck the victim, the offender could instead be charged with battery.
What Are the Possible Penalties for Criminal Battery?
The penalties for battery range depending on the individual context of the case. If there is a beating or strike involved, or a wound created (bruise, gash, etc.) the maximum sentence is one year from the federal court. If a dangerous weapon is used, the maximum penalty jumps up to 10 years incarceration. Further, if there is an actual intent to commit murder, the maximum penalty is enhanced to 20 years in jail.
State laws vary in their treatment of criminal battery, generally distinguishing between simple battery and aggravated battery. Simple battery typically results in a first degree misdemeanor charge with a maximum sentence of one year in jail as well as a one year probation period. However, in some states, aggravated battery is classified as a second degree felony with a maximum penalty of 15 years imprisonment. This maximum penalty can be accompanied by mandatory minimum sentencing enhancements if a firearm is present during the commission of an offense, and even further enhancements apply if said firearm is discharged or is used to harm another.
How Much Jail Time for Criminal Battery in Minnesota?
Simple battery typically results in a sentence of up to one year in jail for those found guilty, with most punishments being lessened for first-time offenders. Repeat offenders may see stiffer penalties in response to their convictions. By contrast, aggravated battery is typically categorized as a felony deserving of a sentence ranging from three to six years, or 10 or more years for repeat offenders — or for aggravated battery with one or more sentencing enhancements (as mentioned above) attached.
When faced with criminal battery charges, the best thing to do is contact a criminal battery lawyer as soon as possible. A criminal battery charge can be either a misdemeanor or a felony depending on the state and also what happened. You won’t want to face these charges alone.