A battery arrest is an arrest on suspicion of battery, a legal charge which refers to causing harm to someone with unwanted physical touch. The battery arrest may be carried out by a law enforcement officer acting on a warrant or responding to a case of suspected battery at the time it occurs. Once arrested for battery, the accused will be processed at a police station, arraigned, and taken through the legal process, which may culminate in a trial.
Battery is an offense which is usually treated as a misdemeanor. It involves unwanted physical contact with the intent to cause harm. Physical contact is not limited to the body and can include objects attached to or held by someone such as a coat, a book in the hand, or an umbrella. In order to be considered battery, the contact must be clearly intentional, unwanted on the part of the victim, and intended to cause harm. Battery is sometimes paired with assault in an assault and battery charge.
After a battery arrest, the accused will have an opportunity to hear the charges, which may include charges of other crimes as well. Battery is treated differently depending on whether or not it is associated with other crimes, and may be considered aggravated battery if it was committed with the intent to cause serious bodily harm or death. The accused may opt to plead guilty and accept a sentence immediately or can take the case to trial.
Once someone has been taken in on a battery arrest and is going through processing, he or she has access to a number of legal rights, depending on the nation in which the arrest takes place. The accused may be entitled to a lawyer, for example, and is usually allowed out on bail after the arrest. The procedural rules for arrests must be followed at all times and if someone who has been arrested has concerns they should be voiced for the record.
At a trial after a battery arrest, people may hear from witnesses who were present at the time of the alleged battery, including the victim. The defense may argue that the touch was unintentional in an attempt to get an acquittal. For example, if a couple has a heated fight and one person knocks a plate out of the other person's hand, the defense might claim that the incident was accidental and the result of gesticulating during the argument. If the accused is convicted, the terms of the sentence may vary.
