State Statute Law For Battery

State:
Multi-State
Control #:
US-GDE-18
Format:
Word; 
Rich Text
Instant download

Description

The document provides a comprehensive overview of stalking as defined under US legal frameworks, establishing that it is a crime recognized in all 50 states, the District of Columbia, U.S. Territories, and federal law. Stalking may be categorized into general intent or specific intent crimes, influencing prosecution difficulty. It describes the differences between civil and criminal offenses, emphasizing that civil actions often lower the burden of proof for victims. Key features include the ability for victims to seek damages and protective orders, which vary by state and may include temporary or permanent measures. The document outlines the role of protective orders, their applications, duration, and enforcement, along with specific procedures for obtaining them. It highlights that the rise of cyberstalking has led to additional statutes at both state and federal levels to address electronic harassment. Target users, including attorneys, partners, owners, associates, paralegals, and legal assistants, will find this information useful for understanding legal recourse, filing procedures, and the implications of stalking laws in their practice. This form acts as a critical resource in navigating the complexities of stalking allegations and protective measures available for victims.
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FAQ

Definition of Battery For a defendant to be convicted of misdemeanor battery under Florida Statute 784.03, the prosecutor must show: The defendant intentionally touched or hit another person against the other person's will; or. The defendant intentionally caused physical injury to another person.

For a defendant to be convicted of felony battery under Florida Statute 784.041, the prosecutor must prove: The defendant actually and intentionally touched or hit the victim against the will of the victim; and. The defendant caused great physical injury, lasting disability, or permanent mutilation.

What is substantial battery? Section 940.19(2) of the Wisconsin Statutes provides the current definition of substantial battery: ?(2) Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class I felony.?

Some common types of battery include: Pushing someone. Hitting or kicking someone. Attacking someone with a weapon.

Any type of touching that the victim considers harmful or offensive can be sufficient. For example, if a woman pours a mug of hot water on someone else, this could be a battery. To go even further, a classic case of a battery that does not result in pain or injury is when the perpetrator spits on the victim.

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State Statute Law For Battery