Have You Been Charged with Battery in CA?
Our Cerritos Criminal Defense Lawyers Can Help!
If you or a family member is facing battery charges, we highly recommend
seeking legal advice. Our Southern California criminal defense attorneys
deliver personalized, aggressive defenses that can help you get the best
outcome possible. We can fight tirelessly for you.
Get a free consultation – Contact us now!
What is Battery? How is it Different From Assault?
Under California Penal Code 242 PC, simple battery is defined as any willful
and unlawful use of force or violence upon another person. Use of force
or violence can be caused by touching or causing an object and/or another
person to touch the victim.
In order for the courts to consider the crime battery, three things have to occur:
1.You Touched Someone Else
- Legally, all you have to do is make physical contact with another for this
first step to occur. That physical contact can be you personally touching
another or using an object to touch another person.
No one forced you to touch someone else. Meaning if you were at a rock
concert and you were shoved into another person knocking them down, you were not
willfully touching them.
- It does not necessarily mean that you intended to break the law, hurt someone
else or gain advantage.
- For example: Meg and Sherry are arguing over a domestic dispute. Meg loses
her temper and throws a mug hitting Sherry in the head. Meg didn’t
intend to throw a mug and hurt Sherry, but by throwing the mug her actions
created the risk that Sherry could be hit.
3.Unlawful Use of Force or Violence
- Unlawful force is power or violence directed against a person without their consent.
Penalties for Battery
Simple battery is categorized as a misdemeanor as long as it was not committed
against a peace officer or other protected persons.
- Misdemeanor probation,
- Up to 6 months in county jail, and/or
- Fines of up to $2,000.
If you commit battery on a person such as a peace officer, firefight or
EMT, you could be charged with more serious penalties, including:
- Possible felony charges,
- Up to 3 years, and/or
- Fines of up to $10,000.
If you have further questions relating to California battery or if you
or a loved one has been charged with battery, you need to contact our
Southern California criminal defense lawyers. With over 60 years of combined experience, our attorneys at Gibbons &
Gibbons have the experience you need to get the best possible defense.
Call us today
for a free consultation!
Our Firm is proud to serve
Norwalk and the surrounding areas, including
La Palma,Fullerton, and