Those injured by an attack need not stay quiet: we can help you with your battery case
Battery is a broad term referring to unwanted physical contact that is usually coupled with assault and other criminal charges. When brought against someone who has committed battery, charges can range from a misdemeanor to a felony depending on the severity of the injury he or she inflicted. Battery is a common crime in the United States. In the city of Chicago alone, there were 8,835 instances of aggravated battery just from January 2010 to November 2010 (Chicagopolice.org).
Those injured from any form of battery have the right to pursue compensation for their injuries. Weitz & Luxenberg can help you in this pursuit. Our skilled attorneys can fight to get you the compensation you deserve.
Definition of battery
Battery (or criminal battery) is defined by "any unlawful touching of the person of another by the aggressor himself, or by a substance put in motion by him." Battery is different from assault because assault implies a violent action that may not be physical, whereas, battery is always physical, but may not involve a violent action.
(Clark, William Lawrence; Association, American Bar (1909), Elementary Law)
Criminal battery is typically of the violent or sexual nature. An example of each being:
- Simple Battery – John becomes angry at Rob and punches him in the face.
- Aggravated Battery –John chops off Rob’s hand with a chainsaw. This level of extreme battery is a felony charge.
- Sexual – John gropes Sue sexually in the crowded subway, and Sue does not want and did not ask for these advances.
The role of intent
Intent factors in heavily when prosecuting on grounds of criminal battery. The law in the United States is set up so that if harmful intent is involved, the victim can seek a battery conviction. For example, John throws a rock at Tom’s head intending to harm him, and Tom is hit. John is liable for a battery conviction. If John throws a rock at Tom with the intent to scare him, but not actually hit him, and instead the rock hits Sue, John is now liable for a battery conviction by Sue – this is because John’s intent was to harm in some form. John is not liable for a battery conviction if he throws a rock into the distance with no intention of hurting anyone, and is not aware that anyone is in the distance.
(Talmage v Smith, 101 Mich. 370, 59 N.W. 656 (Mich. 1894)).
We can help you seek compensation
Those injured by battery have the right to seek compensation for expenses such as:
- Pain and suffering
- Lost income due to hospitalization
- Any medical treatment related to the injury
- Future income lost due to forced retirement as a result of the injury
- Counseling or therapy needed to cope psychologically with the incident
To get started, simply fill out the form on this page. You can explain your battery injury case and, once submitted, a representative from Weitz & Luxenberg will be in touch to discuss your options. This service is free and does not bind you to our law firm in any way. Weitz & Luxenberg wants to hear your case. Contact us today.
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