Battery and aggravated battery are criminal offenses which are punished harshly in the state of California. Penal Code 242 defines battery, often referred to as assault and battery, as any willful and unlawful touch that is harmful and/or offensive to the recipient. Many people mistakenly believe that in order to be guilty of the crime of battery, they must strike someone using force which results in injury. This is not the case; in fact, any physical contact that is done willfully and in an angry manner but that is offensive or unwanted to the victim can be considered battery.
A simple shove can leave you facing allegations of battery, even if the person you shoved was not injured in any way. In most cases, this is a misdemeanor charge, however it may be charged as a felony if the victim is seriously injured as defined in Penal Code section 243(d). Regardless of how minor or serious the situation may be, it is critical to consult with an experienced Los Angeles battery lawyer. At The Justice Firm, we have the skill and intense understanding of the laws necessary to provide you with a solid, effective defense. Our goal is to help you achieve your desired outcome; we will keep you informed through every stage of the legal process.California Criminal Penalties for Battery
As mentioned earlier, the penalties for a battery conviction in the state of California are harsh, and depend on whether the offense is charged as a misdemeanor or felony. Penalties for a conviction on misdemeanor battery charges include:
- Maximum fine of $2,000
- Summary (also known as informal) probation for up to 3 years
- Maximum of 6 months in county jail
- Community service and/or successful completion of batterer's program
However, if the alleged victim sustains serious bodily injury, you may be charged with a felony and face penalties which include:
- Incarceration in the California State Prison for 2, 3, or 4 years
- Formal probation
- Potential "strike" on your record under California's Three Strikes Law
Felony charges typically do not apply when the battered individual does not suffer "serious bodily injury."Los Angeles Battery Law Firm
At The Justice Firm, we know that early intervention is key to an effective defense. There are many defense strategies which may be used to defend your freedom and protect you from harsh criminal penalties. For example, you may have engaged in physical contact with someone in an effort to defend yourself or others. Someone may have falsely accused you of touching them in an angry or offensive manner, when in fact you did not.
When is the best time to consult with a lawyer? When you are under investigation or the minute you have been arrested. The sooner your defense attorney can begin work on your case the better, as early intervention gives your lawyer the chance to examine the details and in some cases have charges dismissed or reduced before your case goes to trial.
We urge you to contact our Los Angeles battery defense attorneys immediately for exceptional legal guidance and representation. Our years of experience, skill, and dedication to our clients make our firm a good choice for those who expect positive results. Contact The Justice Firm now for a free consultation at 310-914-2444.