Savannah Georgia battery criminal lawyer

Criminal Battery and Intent in Liberty County Georgia

Battery is a general intent offense. 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 have the required intent to establish a battery.

The doctrine of transferred intent is also applicable. If one person intends to strike another, but the latter moves out of the way to prevent being struck, 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 major difference between a battery and an assault. A battery needs actual contact. An assault is, in fact an incomplete battery; a person commits an assault when he or she intentionally puts a person in apprehension of an impending battery. but, if a person intended only an assault to create a fear of a likely battery, and harmful contact actually occurs, the person has committed a battery as well as an assault.

————————-
Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney