Top Oceanside, NY Criminal Battery Lawyers Near You
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123-60 83rd Avenue, Suite 1T, Kew Gardens, NY 11415
Law Office of Luke Scardigno helps clients in the Oceanside area handle cases involving Criminal Battery.
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521 Fifth Avenue, Suite 1729, New York, NY 10175
Contact The Law Office of Jeffrey Chabrowe in Oceanside, New York for experienced legal assistance in Criminal Battery.
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16 Court Street, Suite 3500, Brooklyn, NY 11241
Getting legal representation for your Criminal Battery issue is easier than you think. Let Law Offices of Samuel Gregory P.C. in Oceanside, New York help you today.
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1185 Avenue of the Americas, Suite 3400, New York, NY 10036-4003
1225 Franklin Avenue, Suite 325, Garden City, NY 11530
350 Broadway, Suite 1201, New York, NY 10003
700 White Plains Road, Suite 237, Scarsdale, NY 10583
136-18 39th Ave, 8th FL, Flushing, NY 11354
11 Broadway, Suite 615, New York, NY 10004
950 Third Ave, Suite 2400, New York, NY 10022
953 Franklin Avenue, Suite 100, Garden City, NY 11530
150 Motor Pkwy, Suite 401, Hauppauge, NY 11788
810 7th Ave, Suite 405, New York, NY 10019
75 S Broadway, Suite 403, White Plains, NY 10601
400 Town Line Road, Suite 100, Hauppauge, NY 11788
1441 Broadway, 3rd FL, New York, NY 10018
479 Merrick Rd., Lynbrook, NY 11563-2405
45 Rockefeller Plaza, New York, NY 10111-0100
1211 6th Ave, 26th Floor, New York, NY 10036
100 Motor Parkway, Suite 560, Hauppauge, NY 11788
250 Fulton Ave, Suite 340, Hempstead, NY 11550
259 Mineola Blvd, Suite 200, Mineola, NY 11550
100 Garden City Plaza, Suite 500, Garden City, NY 11530
200 Garden City Plaza, Suite 520, Garden City, NY 11530
Westchester Financial Center, 50 Main Street, Suite 1000, White Plains, NY 10606
Oceanside 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 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.