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Criminal vs. Civil Battery

There are a few cases where there are overlaps in the criminal and civil accusations that can be made against a person. While they exist in a variety of areas, intentional torts have a lot of overlap. One of the accusations that overlaps in the two realms of law is battery.

Battery, at its most basic, is an intentional act that causes contact with another person without his or her consent or permission. In civil law, this is really all that is required for the accusation to stick. In criminal, however, there needs to be more than just intentional contact. Some harm must befall the individual.

While this seems like a very big difference in the two situations, it would be very difficult to argue in a civil court that being touched by someone without some sort of harm occurring was worthy of damages. So while there is a difference on the surface, in practice that difference is closed considerably.

The biggest difference between the two batteries is the burden of persuasion faced by the plaintiff in a civil case and the prosecution in the criminal case. In a civil case, the plaintiff need only prove by a preponderance of the evidence that what he or she says happened did in fact happen. In a criminal case, the prosecution must prove beyond a reasonable doubt that the individual is guilty of the crime. Preponderance of the evidence is the lowest evidentiary burden that must be met while beyond a reasonable doubt is the highest burden that can be met.

Beyond the burden of proof, the way in which the accusations are punished varies greatly as well. In a civil suit, the damages are likely to be only monetary while in a criminal suit, the punishment can be monetary, incarceration, or a combination of both.

Contact a Cincinnati Personal Injury Attorney

If you have been injured in an act of battery, contact the Cincinnati personal injury lawyers of Stepleton Dugan, LLC at 513-321-7733 today.

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Stepleton Dugan, LLC
6071 Montgomery Road
CincinnatiOH 45213
(513) 321-7733
Stepleton Dugan, LLC
6071 Montgomery Road
Cincinnati, OH 45213
(513) 321-7733

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