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Battery charges can hinge on intent

Performing unlawful physical contact is called a battery. The physical contact is usually made without the consent of the victim, to threaten or harm them. The defendant can be found guilty of a battery charge even if there was no ill intention towards the plaintiff. It is important to understand the role of intent in battery charge cases. Intent could define whether the defendant is found guilty of the crime or not.

It is easy to confuse two very similar offenses; battery and assault. An assault can be made even without making any physical contact with the victim. Threatening to harm the victim can be classified as assault if the victim is emotionally distressed. On the other hand, a crime cannot be classified as a battery unless physical contact is made. If you were part of a crime where contact was not made, it can be classified as an assault but never a battery.

The prosecution usually tries to prove battery charges by establishing that unlawful physical contact was made with the victim. To this end, the prosecution might attempt to prove that the contact was unwelcome and was made forcefully in an attempt to scare or intimidate the victim.

If you are facing a battery charge, it is important to understand the charges and hire an experienced defense attorney as soon as possible. Again, the prosecution must be able to prove that you intended to harm the alleged victim. An attorney can go through the evidence against you and act as your representative throughout the legal proceedings.

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