Battery is a criminal offense. It is unlawful and unwanted physical contact of a person by an aggressor or by a substance placed in motion by them. There are certain elements that must be proven to establish a case for battery. Speaking with an assault and battery lawyer Los Angeles is the first step for a victim to obtain justice.
This involves one of two different types of contact. One type is causing injury or physical harm to a victim. This could involve a bullet wound, burn or cut. Each of these constitutes the commission of a battery. In this situation, actual injury for a charge of battery is not necessary. A person can be guilty of battery even if there is no harmful contact. In some cases, an illness before an unwanted act may be actionable. The next type of act involves no actual physical harm but is considered to be insulting or offensive to the victim. This could be offensively touching someone, spitting in someone’s face and more. Touching a person is defined as not only contact with a person’s body but also with anything that is closely connected with their body. This could be an item carried in a victim’s hand. It could also be intentionally knocking a glass out of someone’s hand, a hat off their head and more.
The contact involved must be intentional. The intent involved has to be a specific intent or general intent. Specific intent means the contact is specifically intended. With general intent, the defendant believed their actions could result in contact. In criminal law, the intent element could be established when the act is done with criminal negligence. This is a failure to use care when it comes to criminal consequences. It can also be established with intent to injure. A battery lawyer in Los Angeles will know how to establish intent by showing that a defendant’s conduct was unlawful.
Harmful Or Offensive Conduct
It isn’t necessary for a defendant’s wrongful actions to involve direct contact with a victim. Setting in motion a force by their act and causing contact is sufficient. Should a defendant whip a horse that a victim is riding, and this action causes the plaintiff to fall and experience an injury, the defendant can be found guilty of committing battery. Battery can also occur when a defendant commits an act that results in a victim harming themselves. This is the case when a defendant fails to act when they have a duty to do so. It could occur when a nurse does not warn a blind patient they are walking toward an open window and this results in the patient falling and experiencing an injury.
There isn’t any requirement for a victim to be aware a battery has been committed at the time it occurs. The important factor of the action is a victim’s lack of consent to contact. It is not a defense to establish a victim was unconscious or sleeping at the time of the incident. Consent may be established if the parties previously had a relationship. This is not possible if the victim provided the defendant with a previous warning. A personal injury lawyer Los Angeles will know how to obtain fair compensation for someone who is the victim of a battery.