What Happens After I’m Arrested on Battery Charges?
In simple terms, battery is basically the touching or striking of another against his or her will. This crime can be punished as a first degree misdemeanor punishable by up to 1 year in prison. Be cautious however because the crime can be upgraded to a felony depending on the severity of the injuries inflicted or whether or not there was a weapon involved.
Battery as a Result of an Argument
Using an argument as justification for battery charges is no excuse, a man in Texas is learning exactly how battery charges work after he was charged with battery for hitting his estranged wife and pulling her hair over her lack of a response to his Facebook status update.
The Carlsbad Current-Argus reports that 36-year-old Benito Apolinar of Pecos, Texas, was arrested Monday following a fight at the Carlsbad, N.M., home of Dolores Apolinar. According to the criminal complaint, Benito Apolinar posted a comment on his Facebook page about the anniversary of his mother’s death, but Dolores Apolinar didn’t click the “like” status button, according to WPTV News
The complaint says Benito Apolinar told his wife that he was unhappy that she didn’t respond as others did. Police say that’s when a fight began. Benito Apolinar pleaded not guilty to one charge of battery, according to WTPV news.
Battery in Criminal Law
Battery is generally charged as a first degree misdemeanor unless the injuries were very severe or there was a deadly weapon involved. Being charged with first degree felony battery can cost you up to 30 years in prison. After your arrest, the State Attorney’s Office reviews the case and decides what charges should be filed. At this time it is crucial that you speak with a criminal defense lawyer. A criminal defense lawyer will be able to present all of the facts from your side of the story before the State Attorney’s Office decides what charges to file.
A criminal defense lawyer may even help so much that it can result in lesser charges being filed in the first place, or even no charges at all.