Battery Overview

Los Angeles Battery Lawyer – CPC 242

It is in your best interest to consult an experienced West Covina criminal lawyer as soon as possible if you have been charged with a battery.

How Is Battery Defined in California

Battery can be charged as a misdemeanor or felony. Normally, the severity of the injuries will determine whether the state files the battery as a misdemeanor or felony. In general, a battery in California is defined as the willful use of violence or force on another person. Any physical touch to which the other person has not consented may be considered a battery. Know that an assault and a battery are not the same. An assault is generally defined as an attempted battery. Also, sexual battery has a distinctly different definition.

Potential Penalties for Battery

A simple battery is a misdemeanor offense. The penalties can be up to six months in jail or up to a $2000 fine, or both. Also, you could receive a penalty assessment on your fine and be placed on probation. However, alternatives to these penalties exist such as anger management sessions, community service, drug and alcohol treatment, etc. An aggravated (or felony) battery may bring with it steeper penalties. Your West Covina criminal lawyer can advise you specifically what penalties are likely in your case.

Possible Defenses to Battery

A variety of defenses to a battery exist depending upon the circumstances. You should consult an experienced West Covina criminal lawyer to seek advice regarding any possible defenses that may be available in your particular case. For touching to be a battery, it must be willful. Thus, sometimes a successful defense can be raised that the contact was accidental, or unintentional.

Self-defense is another defense to battery that often succeeds. After all the evidence is gathered, it is frequently revealed that there was a lot more to the incident. Perhaps you were provoked or responding in self-defense, or perhaps the encounter was mutual.

Other defenses include procedural defenses related to your constitutional rights and how the police officers handled your case. Police officers frequently make errors when handling crime scenes. An experienced West Covina criminal lawyer will talk to the prosecutor and gather all the necessary documents to review your case including police reports, witness statement, and the like, and provide you with honest advice regarding the pros and cons of taking your matter to trial versus any settlement offers.

If you or someone you know has been charged with battery, contact Daniel Cota, West Covina criminal lawyer, today.  Daniel Cota will thoroughly investigate the circumstances of the incident to uncover any possible defense or mitigating circumstances that can lead to a dismissal or reduction of the charges or penalties.  Call (800) 351-6860 for a free initial consultation about your battery case.

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