Battery/Battery on Spouse

Criminal Defense Lawyers in Los Angeles Protecting the Rights of People Accused of Battery

A battery charge in California can result in significant legal consequences that can change the entire course of your life. Many of these involve penalties that can affect you personally and professionally. You may face jail time, fines, probation, required counseling, and, in some cases, be required to register as a sex offender for the rest of your life. The criminal charges ranging from misdemeanors to felonies may be difficult to navigate, causing stress and anxiety for you and your family.  Even without a conviction, the process can put a heavy toll on your reputation and relationships because of the stigma of a forceful or violent charge of battery.

Because of these potentially serious consequences, it is critical that anyone facing a battery charge speak to an experienced Los Angeles criminal defense attorney as soon as possible. A battery defense lawyer in Los Angeles can help you understand your rights determine whether any legal defenses apply in your case – or negotiate a favorable plea bargain on your behalf. To schedule a free consultation with a lawyer, contact the Law Offices of David S. Chesley today.

California Battery Basics

In California, a battery is a willful and unlawful use of force or violence upon the person of another. Unlike an assault charge, which does not necessarily involve physical contact but merely an attempt to do so, battery requires some sort of unwarranted contact regardless of whether it causes injury to the other party. Even a slight touch in a disrespectful or rude manner may result in a battery charge. Importantly, the unwanted touching does not need to be meant in an offensive way for a battery to occur – it is enough that it was intentional on the part of the toucher and that the person who was touched takes offense. The touch can be another person’s body, clothing, or something closely attached to the person, such as a hat, purse, or something held in their hand.

The range of penalties for general battery include the following:

• A baseline misdemeanor battery comes with penalties of up to a $2000 fine and up to six months in county jail.
• If an injury is inflicted, the penalties may greatly increase. The charge may still remain a misdemeanor but the jail time increases to up to a year.
• If the charge is elevated to a felony, the sentence could range from sixteen months to three years in State prison.

A felony charge for battery falls under California’s Three Strikes Law. A strike on your record requires subsequent convictions to be served eighty percent of the sentence, compared to fifty percent of a sentence for those without a strike on their record. A third felony conviction can increase a sentence to 25 years to life in prison. For this reason, it is critical for anyone facing a felony battery case to talk to a criminal defense lawyer in Los Angeles as soon as possible.

Aggravated Battery

Battery can be enhanced to aggravated battery in situations where the harmful or offensive touching results in “serious bodily injury.” Some examples of serious bodily injury include serious lacerations, broken bones, concussions, disfigurement, or injuries that result in loss of function. Under California law, aggravated battery charges can either be brought as a misdemeanor or a felony, depending on the circumstances. If it is brought as a misdemeanor, it can result in up to one year in jail and a fine of up to $1,000. If it is brought as a felony, it can result in 2,3, or 4 years in jail and a fine of up to $10,000.

Battery Against an Elder or Dependent Adult

Special consideration is given to protecting elders and dependent adults because of their potential inability to report criminal conduct or testify in court on their behalf. A battery in this situation applies when the defendant had knowledge that the victim is an elder or dependent adult. The penalties range from up to one year in county jail and up to $6000 in fines, or in elevated charge situations up to four years in State prison. If great bodily injury is involved, the penalties increase greatly.

Battery on a Spouse/Domestic Battery

A domestic battery is a common misdemeanor offense in relation to domestic violence allegations. Under California law, this category of a battery is committed against a spouse, former spouse, parent of the defendant’s child, fiancé, current or previous dating relationship, or a person you live with. The crime can be charged as a misdemeanor or a felony depending on the facts and circumstances of the case and whether visible injury on the victim can be proven beyond a reasonable doubt. The prosecution must demonstrate with evidence that you willfully used unlawful force or violence on your intimate partner. The consequences attached to a domestic battery charge may include:

• Up to one year in county jail
• Fines up to $2000
• Probation for up to three years – if granted, required one year of battery treatment program
• Payment to a battered women’s shelter up to $5000

Unfortunately, domestic battery accusations are often associated with emotionally charged relationships leading to false reports fueled by jealousy or revenge. You may have a legal defense to protect your rights, such as self-defense or accidental force.

Sexual Battery

Under California law, a sexual battery is the touching of an intimate part of another against their will for the purpose of sexual arousal, sexual gratification, or sexual abuse. Sexual battery also applies in situations with victims who are disabled, medically incapacitated, unconscious, or involves a forced touch of the defendant or a third party’s intimate body parts. The charges fall under a misdemeanor punishable by a maximum six-month county jail sentence and required registration for life as a sex offender.

The crime can also involve the use of a restraining device or an accomplice, which elevates the penalties. The misdemeanor charge is punishable by one year in county jail and up to a $2000 fine. The felony charge ranges from two to four years in State prison and up to $10,000 in fines. Either charge requires registration for life as a sex offender.

Defenses

In some cases, you may be able to present an affirmative defense to a battery charge. Some of the situations that may give rise to justifying your actions include:

• Self-defense
• Defense of others
• Defense of property
• Reasonable force in the context of parental discipline
• Your conduct was not willful (purposeful intent to apply force)
• You had consent for the physical conduct
• False accusations

To successfully demonstrate self-defense or defense of others you must show that you reasonably believed that you or someone else was in imminent danger of suffering bodily harm and that immediate use of reasonable force was necessary to defend yourself or another. A criminal charge of battery does not mean you will be convicted of the crime. A lawyer skilled in this area of the law can discuss your options with you and work to achieve the best outcome possible for your case.

Even if there are no defenses available in your case, the representation of a lawyer can often result in a much better outcome than you would have obtained had you represented yourself. A lawyer may be able to negotiate a plea bargain agreement with the prosecutor handling your case that allows you to avoid the most serious consequences associated with your charge. In fact, in some cases, a plea bargain may even be able to help you avoid a conviction entirely.

Contact a Los Angeles Experienced Battery Attorney to Discuss Your Case

A battery charge may result in serious consequences that could affect you and your family for a lifetime. If you are convicted, you may face fines, jail time, and a criminal record. A Los Angeles experienced criminal defense lawyer can discuss the legal options at your disposal such as a plea deal to lessen your charges, building a solid defense, and possibly dismissing the charges against you altogether.  The lawyers of the Law Offices of David S. Chesley are skilled in this area of the law and will work hard to resolve your case as favorably as possible. Don’t hesitate to contact us at 800-755-5174 or fill out our contact form online to schedule a free case evaluation.