Battery is a harmful or offensive touching by one person against another when not in reasonable self-defense or defense of another. An assault can either be an attempted and unsuccessful battery, or an act intended to instill fear in another of an immediate battery. Put simply, punching, pushing, grabbing, spitting on, kicking, and other similar conduct done from one person to another is battery, whereas attempting to batter or otherwise using bodily gestures to scare or create the expectation of battery is an assault.
When a battery is successful and the person hit is injured, a simply battery can turn into a battery with bodily injury, which depending on the severity of the injury can turn the case into a felony.
Often in assault and battery cases, the critical issues are whether the harmful or offensive act was done intentionally and/or whether it was done in self-defense or the defense of someone else. In any case where the evidence may suggest the act was done defensively, the burden is on the prosecution to prove that the act was not done in self-defense or defense of others.
Mr. Ganschow has experience defending clients in battery cases at every stage of the criminal process, from arraignment to jury verdict. If you have been charged with battery, call Mr. Ganschow today to set up a free consultation.