Aggravating Factors That Make Battery A Felony

Aggravated mayhem

               Punishments for aggravated mayhem

Domestic battery is defined as the non-consensual touching of another individual, be it a spouse, partner or another person living within the same household, and which does not cause any serious injury. Domestic battery as defined above is generally only a misdemeanor. The crime becomes aggravated battery if it results in serious injury. Aggravated battery is punishable up to four years in state prison. Given below are certain aggravating factors that make a battery a felony.

Sexual battery

Sexual battery is the non-consensual touching the intimate parts of a body for sexual arousal. This is considered as a misdemeanor. However, if the victim is a minor with a previous history of convictions, then in such cases, sexual battery becomes a felony. If it is committed against the employee of the batterer, then it will be considered as an aggravating factor.

Hazing

Hazing can be defined as any initiation or pre-initiation process by a student body or organization, irrespective of whether it has been recognized by an educational institution or not. In many states, hazing can be charged as a felony if it results in serious bodily injury. It can be awarded up to one year in prison and up to $5000 fine.

Discharge of a firearm or laser

Discharging a firearm with malicious or willful intent in a dwelling, building, motor vehicle or aircraft can be considered as a felony. By ‘inhabited,’ we mean that the structure is one that is currently under use irrespective of whether it is in fact occupied at the time of discharge or not. It can also be if a firearm or laser is shot at an aircraft, again regardless of whether it s occupied in flight or not. Such a felony is punishable up to seven years jail time in state prison.

Mayhem

Domestic battery

                      Aggravated mayhem explained

An action can be termed as mayhem if it deprives an individual of any body part. Mayhem can include, but not restricted to slitting or injuring a nose, ear or lip. Generally, mayhem is misdemeanor, but aggravated mayhem that is a crime, which is committed intentionally and recklessly, with extreme indifference is considered as a felony. Punishments awarded for aggravated mayhem may be lifetime in prison with only a possibility of parole.

That was some information on the various aggravating factors that makes battery a felony. For more info on the same, refer online legal resources or visit your local library.