Battery is a violent crime. If you've been charged with this offense, it's imperative you retain a knowledgeable criminal defense attorney immediately. The stakes are too high to put your future in just anybody's hands. Contact the Lento Law Firm today for legal representation you can trust.
The importance of being informed in this predicament cannot be overstated. It's crucial you understand the gravity of these charges and the penalties you'll be exposed to if convicted. The Lento Law Firm has provided an overview of battery laws in New Jersey.
What Constitutes Battery in New Jersey?
Every person has the right to have their bodies protected from unwanted offensiveness and harm. This is why New Jersey enforces battery laws with the intent to protect people from physical harm committed by another. In order for a defendant to be convicted of battery, three elements must exist in a case:
- An act of battery occurred
- There was intent to cause harmful or offensive contact
- The harmful or offensive contact transpired
- The contact caused injury - physical and/or emotional
Assault and battery are often used interchangeably, and although they're similar, there are minor differences. Assault can be constituted with solely the threat of imminent physical harm or offensive contact. Battery, in contrast, is only constituted when there was an intent to make actual contact, and it occurred, and it caused actual injury.
Legal Penalties for Battery in New Jersey
The legal penalties for a battery conviction will lead to jail time. The creation of a criminal record will also always have a detrimental effect on your life. This is why it's important to contact a seasoned criminal defense attorney to defend your case.
Battery is a disorderly persons offense, which is punishable by up to 6 months in jail and/or a maximum $1,000 fine.
Potential Defenses for Battery
An indictment for a battery charge is determined by the prevalence of a number of factors. Attorney Joseph Lento of the Lento Law Firm has an adept knowledge of the elements of a case that must be proven to prosecute a defendant of battery, and therefore understands the potential defenses to assert to disprove these elements. A defense can be so convincing that it leads to a defendant's sentence being reduced or downgraded. A solid defense can even lead to the dismissal of your case altogether. The following defenses could possibly be asserted in your case if applicable:
You were acting in self-defense. Claims of self-defense are common to defend battery charges. Self-defense typically acknowledges that the defendant did do what they were accused of, however, they were justified in using force to combat against another person's unlawful actions. In order for this defense to be permissible, the jury must determine if there was imminent harm and whether or not the use of force by the defendant is appropriate.
The prosecution has mistaken your identity. In battery cases, attorneys often utilize the defense of mistaken identity. The use of this defense implies that the prosecution has charged with the wrong person with battery. An alibi is typically asserted to support this defense.
New Jersey Criminal Defense Attorney
Battery is a very serious crime in New Jersey. This is why it's important you do all you can to avoid a conviction and the legal and collateral repercussions that accompanies a battery conviction. The most important thing you can do in this situation is to seek the help of a seasoned criminal defense attorney.
Firstly, you should never discuss the circumstances of your incident without an attorney present. If the police attempt to question you, it's in your best interest to decline this questioning and immediately request an attorney. Remember, you are innocent until proven guilty, and a prosecutor must prove their case beyond a reasonable doubt to convict you. You need an attorney who will challenge them at every possible turn as they try to pin this crime on you. If they don't have a solid case, there should be motions that stop them from moving forward.
If you're looking for quality legal representation, the Lento Law Firm is the ideal firm for you. Attorney Joseph D. Lento has the experience and credentials to defend and counsel people who've acquired battery charges. He will provide you with options in this predicament, build a solid defense and work towards getting your charges reduced or dropped. Mr. Lento keeps flexible office hours and is willing to work around your schedule. To set up a consultation or for more information about Mr. Lento's representation, contact the Lento Law Firm either online or by phone at 888-535-3686.