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Aggravated Battery Charges

In the criminal justice system there are many criminal actions that are considered to be felonies. These actions each have their own punishment according to the criminal action committed. One of these actions is aggravated battery. Aggravated battery is a serious offense that can end up being a felony.

What is aggravated battery?

Aggravated battery is what is thought of to be the most serious form of battery in criminal law. Aggravated battery is also considered to be a felony. Though punishments may vary from country to country, aggravated battery usually carries a punishment of a year or more in prison, which may also have additional fines. Some acts that often fall under the definition of aggravated battery are those that use a deadly weapon, the battery results in serious bodily injury, or the battery is done against a police officer or child. Below are questions regarding aggravated batteries that have been asked of the Experts by individuals.

If an individual is charged with aggravated battery can the state prosecute if the battered will not testify?

If an individual is charged with aggravated battery and the person that was battered will not testify against the individual charged, the state can still go ahead with prosecution. The state may go ahead with prosecution using other evidence such as other witnesses or photos. The state will also prosecute if the state feels that they will merit a conviction on the evidence they present, a conviction will come if the prosecutor will is able to prove the case beyond a reasonable doubt.

In the state of New Mexico what does aggravated battery against a household member mean?

In the state of New Mexico aggravated battery against a household member is defined as the use of force or touching another member of the household with the intent to injure. The individual that is charged with aggravated battery if convicted can face a third degree felony.

In the state of Georgia what is the punishment for aggravated battery first offense?

In the state of Georgia the punishment can be discretionary depending on the facts of the case and if there is no conviction for the crime charged and depending if the state is willing to defer the adjudication. First the individual, who sustained the battery, must be able to prove that the battery that occurred either deprived that individual of a part of their body or made that part useless, or sustained a serious disfigurement. If this proof is not available then the charges may be dropped to simple battery. If the individual, who did the said aggravated battery, has no prior offenses and the injuries that occurred from the battery are not serious, then the punishment could be range anywhere to jail time or probation. If the charges are not lowered and the individual goes to trial and is convicted, the sentence may range from one year to twenty years in prison.

Aggravated Battery is a criminal charge that is the most serious form of battery. Aggravated battery charges can end up in a felony conviction. Each state has different punishments for aggravated battery charges. Any questions that individuals may have in regards to aggravated battery charges can be answered by the Experts.

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Experience:  JD, BBA Over 25 years legal and business experience.
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