Columbus GA battery defense lawyers
Criminal Battery and Intent in Muscogee County Georgia
Battery is a general intent crime. This means that the accused need not intend the specific harm that will result from the unwanted contact, but only to commit an act of unwarranted contact. This also means that gross negligence and even recklessness can provide the necessary intent to establish a battery.
The doctrine of transferred intent will also apply. If a person intends to strike another, but the other moves out of the way to avoid being hit, causing the blow to strike a third person, both an assault against the second person and a battery against the third person have occurred.
This is a vital difference between a battery and an assault. A battery requires actual contact. An assault is, actually an incomplete battery; a person commits an assault if he or she intentionally places an individual in apprehension of an impending battery. however, if a person intended only an assault to cause an apprehension of a likely battery, and harmful contact actually occurs, the person has committed a battery as well as an assault.
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