Top Akron, NY Criminal Battery Lawyers Near You
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19 South Long Street, Buffalo, NY 14221
For those working through a Criminal Battery issue in the Akron, New York area, Voelkl Law, P.C. can be your partner in law.
66 Park Circle, Amherst, NY 14226
Clients needing legal solutions for Criminal Battery can connect with Cimasi Law Office, a local New York practice.
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501 John James Audubon Pkwy, Suite 300, Amherst, NY 14228
Patrick M. Noe, Jr., Attorney at Law, a reputable Criminal Battery firm in New York, serves the Akron area.
40 Fountain Plaza, Suite 500, Buffalo, NY 14202
822 Convention Tower, 43 Court St, Buffalo, NY 14202
3110 Delaware Avenue, Kenmore, NY 14217
665 Main St, Buffalo, NY 14203
37 Franklin Street, Suite 800, Buffalo, NY 14202
181 Franklin Street, Buffalo, NY 14202
651 Delaware Avenue, Suite 118, Buffalo, NY 14202
12364 Main Rd, Akron, NY 14001
80 E Spring St, Buffalo, NY 14221
147 Linwood Ave, Buffalo, NY 14209
50 Fountain Plaza, Buffalo, NY 14202
3099 William St, Buffalo, NY 14227
107 Delaware Avenue, Suite 1366, Buffalo, NY 14202-2904
9545 Main Street, Clarence, NY 14031
484 Delaware Ave, Buffalo, NY 14202
Key Center at Fountain Plaza, 50 Fountain Plaza, Suite 1230, Buffalo, NY 14202
107 Grambo Dr, Lancaster, NY 14086
99 Victoria Blvd, Cheektowaga, NY 14225
4268 Seneca Street, Buffalo, NY 14224
403 Main Street, Suite 716, Buffalo, NY 14203
388 Evans Street, Suite 2D, Williamsville, NY 14221-5626
4549 Main St, Suite 201, Buffalo, NY 14226
Akron 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.