Battery

If you or a loved one are facing battery charges, you might feel scared or overwhelmed about the complexity of the charges and the intimidating legal process. But you don’t have to face these trying times alone! Bobby Digby is an experienced professional criminal defense attorney, and the Digby Law Firm is ready to serve you and your family. Our criminal defense winning record speaks for itself, and we’re always prepared to speak up and defend your rights. When you’re faced with batter charges, you need Bobby Digby and the Digby Law Firm on your side.

What is Battery?

Battery occurs when, without consent, a person engages in intentionally offensive contact or harmful touching of another person. Battery does not require an intent to harm with the intentionally offensive contact or harmful touching – only the act itself and an intent to contact or cause contact. More serious cases of battery, however, introduce battery with intent or purpose to seriously injure or harm another person. Battery is considered in three degrees of severity:

• First Degree Battery: The most serious battery charge is battery in the first degree. First degree battery often includes:

• Battery involving a firearm or other deadly weapon; 

• Purposely disfiguring another person, especially by destroying, amputating, or permanently disabling a part of their body; 

• Causing physical injury in a manner that displays extreme indifference to the value of human life; 

• Causing serious physical harm to someone while committing a felony or Class A misdemeanor crime or while fleeing the scene of such a crime; 

• Purposefully causing serious injury to a woman who is pregnant that causes serious injury to her or her unborn child; or 

• Causing serious physical injury to children (some cases of which are Class Y felonies).

• Second Degree Battery: Battery in the second degree can include harmful touching or intentionally offensive contact when the alleged offender:

• • • Purposefully causes severe injury using a deadly weapon other than a firearm;
    • Recklessly causes serious physical injury to another person using a deadly weapon; or
    • Knowingly causes injury to or incapacitates a known code enforcement officer, firefighter, employee of a correctional facility, or law enforcement officer acting in the line of duty.

• Third Degree Battery: Batter in the third degree can include harmful touching or intentionally offensive contact when the alleged offender:

• • Causes physical injury to any person (with intent to cause injury)
  • Recklessly causes physical injury to another person;
  • Negligently causes physical injury to another person using a deadly weapon; or
  • Purposely administers any drug or other substance without consent to cause stupor, unconsciousness, or physical or mental impairment or injury to another person.

What Are the Penalties for a Battery Conviction?

The penalties for a battery conviction depend on the severity of the charge:

• First Degree Battery: Class B (or Class Y) felony. Up to life imprisonment, damages to the victim, other potential fines, fees, and penalties, and the loss of certain rights and privileges.

• Second Degree Battery: Class B felony. Up to 20 years imprisonment, up to $15,000 fine, damages to the victim, community service and other Court-decided penalties, probation, and the loss of certain rights and privileges.
• Third Degree Battery: Class A misdemeanor. Up to 1 year imprisonment, up to $2,500 fine, damages to the victim, community service and other Court-decided penalties, and potential probation.

These are simply representative penalties for a battery conviction; ultimately, in almost all cases, the judge will decide what sentence and penalties a convicted offender will face.

What Should I Do if I’m Charged with Battery?

If you are charged with battery or suspect you may be charged with battery, contact an attorney immediately. It’s important to begin investigating and building your case as soon as possible. Do not answer questions from police or investigators without your attorney present. Do not resist arrest or attempt to flee from arrest or leave the state.

Trust the Digby Law Firm with Your Battery Case

Bobby Digby will stand up for your rights and help you find the best outcome in your case. The Digby Law Firm has years of experience and a winning record that shows how hard we fight for each and every one of our clients. Call us today at (501) 500-9292 for a free consultation – and to start fighting to win!