Top Jackson Heights, NY Criminal Battery Lawyers Near You
Facing Federal or State Charges in New York or New Jersey? Retain a Respected & Successful NYC Criminal Defense Lawyer. Samuel has been Selected to Super Lawyers Since 2011!
Se Habla Español
Free Consultation
With Almost 30 Years of Criminal Law Experience, Mr. Tilem, a Former Prosecutor and His Team Have the Skills, Experience, and Knowledge To Defend Your Rights and Win Your Case.
A Strong Defense From A Former NYC Prosecutor. Experience On Both Sides Of The Courtroom. Call For FREE Consultation. Avail 24/7
Free Consultation
FOCUSED on FEDERAL CHARGES. Experienced Former Federal Prosecutor, Protecting Your Rights & Freedom In Your Defense Of A Federal Criminal Charge
Free Consultation
888 Grand Concourse, #1-O, Bronx, NY 10451
50 Main St, Hempstead, NY 11550-4054
233 Broadway, Suite 900, New York, NY 10279
527 Old Country Road, Plainview, NY 11803
250 Fulton Ave, Suite 340, Hempstead, NY 11550
20 Vesey Stree, Suite 400, New York, NY 10007
1225 Franklin Avenue, Suite 325, Garden City, NY 11530
863 Islip Ave, Central Islip, NY 11722
306 Atlantic Avenue, Brooklyn, NY 11201-5125
100 Broadhollow Rd, Ste 100, Farmingdale, NY 11735
38 Melnick Dr, Monsey, NY 10952
2 Sarles Street, Mount Kisco, NY 10549
347 5th Ave, Suite 1402, New York, NY 10016
50 Karl Ave, Suite 302, Smithtown, NY 11787
200 Park Avenue, New York, NY 10166
150 East 42nd Street, New York, NY 10017-5639
155-03 Jamaica Avenue, Jamaica, NY 11432
1441 Broadway, 3rd FL, New York, NY 10018
7 Times Sq, 44th Floor, New York, NY 10036
1 Dosoris Lane, Glen Cove, NY 11542
450 7th Ave, Suite 408, New York, NY 10123
350 Motor Pkwy, Suite 308, Hauppauge, NY 11788
1424 Zerega Ave, Bronx, NY 10462-5410
950 Third Ave, Suite 2400, New York, NY 10022
45 Rockefeller Plaza, New York, NY 10111-0100
Jackson Heights Criminal Battery Information
Lead Counsel independently verifies Criminal Battery attorneys in Jackson Heights and checks their standing with New York bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.Client Commitment
Pledge to follow the highest quality client service and ethical standards.
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 New York?
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.