You might have heard the term “assault and battery” while watching TV police shows. However, you may not be clear on what exactly battery is. Battery refers to when a person strikes or touches another individual against their will.
If you feel that someone has battered you, then you are within your rights to pursue a civil action against them. If they contest the charges in court, though, then the burden of proof falls on you if the court is to convict them. If you want justice for what happened, you’ll need to have a competent lawyer on your side and abundant evidence.
Let’s go over ways that you can prove battery in court.
It Starts with a Great Lawyer
There are different battery types, including:
- Simple battery
- Battery prior offense
- Battery on a person over 65
Many factors will go into determining the crime’s severity, as well as the possible punishment for it. For instance, battery prior defense cases mean that the charged person has committed battery before. This compounds the potential sentence, as they will face up to a $5,000 fine and five years in prison.
The thing is, though, you have to be able to prove that battery took place, and you’ll need a lawyer with experience in this area if you’re likely to do that. The best lawyers for establishing battery are criminal lawyers with prior experience in this or similar areas.
If you’re unsure whether the lawyer you’re considering is the best choice for you, ask them about specific cases they’ve won that resemble yours. Ask about what strategy the lawyer used to win those cases. You can also look online for former client feedback.
Look for Video Evidence
These days, there are cameras everywhere, including those in cell phones. That can work in your favor if you’re attempting to prove that a crime took place.
On the occasion that someone battered you, think about where you were. If you were in public, then might there have been some cameras nearby?
Go back to where it happened, and look for cameras. If there are any, then ask the owner of the establishment if you can review the recording from that day or night.
If you’re uncomfortable doing that, you can ask your lawyer or their representative to do it. Some lawyers hire investigators to handle this sort of thing for them. You might get an evidentiary video that proves your accusation from:
- A restaurant
- A bar
- A liquor store
- A dry cleaner
- A bank
- Or any other establishment with cameras
Another puzzle piece in proving battery could be your physical condition afterward. If the person who touched or struck you left marks, such as bruises or lacerations, then you should always document it.
Take pictures of the marks. If you went to see a doctor or to the emergency room, get your medical records to back up what you say happened. The more physical evidence there is, the more likely you will be able to prove your case.
Eyewitness accounts will also come in handy as the trial progresses. If anyone was there to see what happened, putting them on the witness stand is always a good idea.
Maybe you were out with friends or family when the incident took place. If not, bystanders might be able to help you, even if you don’t know them. You can subpoena them if necessary.
You can also bring in character witnesses for yourself and the person guilty of battery. If this is something that has happened before, then they can talk about that to establish an abuse pattern. Maybe there were verbal threats, and this was an escalation of that.
These instances never happen in a vacuum. There is usually a behavior pattern that leads up to them unless the person who battered you is a total stranger. Many times, though, battery happens with people you know rather than those you don’t.
Battery can be very distressing, both for the physical injuries that can result and the mental scars that linger afterward. You want the person who harmed you to face punishment so that you can get a sense that the justice system worked for you.
You also might need to go through therapy afterward, or physical rehabilitation if you suffered lingering injuries from the event. If you get a cash settlement in your favor, then that money can help you pay for those things.