Can simple battery charges be dropped?
You may be wondering whether you, the victim, have the authority to drop domestic violence charges.
The answer is no.
Once the prosecutor’s office has issued a domestic violence charge, the victim has no authority to drop the charges..
Is battery a serious Offence?
Battery is a form of assault. Of the different types, it is generally considered the least serious and offences receive relatively low-level sentences. The more serious forms of assault are common assault, ABH and GBH.
What is the charge for battery?
In the United States, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact. At common law, simple battery is a misdemeanor. The prosecutor must prove all three elements beyond a reasonable doubt: an unlawful application of force.
Can u go to jail for battery?
If a battery results in serious bodily injury, it can also be charged as a misdemeanor or a felony under California Penal Code Section 243(d). If charged as a misdemeanor, it can carry up to one year in county jail. If charged as a felony, it can carry a prison sentence of two, three, or four years.
Which is worse battery or assault?
If the victim has not actually been touched, but only threatened (or someone attempted to touch them), then the crime is assault. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this might be battery.