Q: is it legal for the state attorney to file two separate battery charges for the same altercation
A: Generally speaking, it is legal. For instance, if a defendant kicks someone, walks away, and then comes back and punches the person, that is an an example of two different acts of battery, and two crimes. However, such a matter requires a very detailed factual analysis to determine if the defendant is being overcharged or not. You should consult an attorney.
Leonard Louis Cagan and Henry George Ferro agree with this answer
A: In addition, you can be charged with two batteries if there are two separate victims if it occurs during the same incident. I agree that you should consult with an attorney. A battery can be enhanced to a felony if you have a prior battery and that should be avoided if at all possible.
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