Different jurisdictions throughout the country have different laws that govern the permissible and impermissible conduct that their residents may undertake. However, physical violence against another person is a universally criminalized action and one of the forms it may take in terms of a criminal charge is battery.
In its most simple form a battery involves unwanted physical contact. Under New York law and laws throughout the nation the contact that the alleged aggressor commits does not have to cause the alleged victim an actual injury; prosecutors trying a battery case need only to prove that the contact was unwanted by the alleged victim in an offensive or harmful way.
Actress Naya Rivera was charged with domestic battery over the holiday weekend when she allegedly attacked her husband. Her husband claims to have recorded the attack on his cell phone and based on his condition and the video he allegedly caught of Rivera striking him she was arrested and taken to the jurisdiction’s jail.
Simple battery becomes domestic battery when it occurs between individuals who share a household. In this case the alleged battery happened between a husband and wife. As subtle differences in charges can make a big difference in how a criminal defendant prepares for trial it is important for individuals to seek their own legal advice regarding their specific cases.
If Rivera is convicted of the serious charges lodged against her she could face time in jail as well as a significant fine. While different jurisdictions criminalize and penalize conduct differently it is useful for readers of this New York legal blog to note the significant legal problems Rivera will likely encounter now that she must face pending battery charges.
Source: wchstv.com, “‘Glee’ star arrested on domestic battery charge in Kanawha, WV,” Kalea Gunderson & Jarrod Clay, Nov. 25, 2017