Battery Lawyer San Bernardino County

Fighting Battery Charges Throughout Southern California

"A battery is any willful and unlawful use of force or violence upon the person of another." - California Penal Code § 242

Need a battery defense lawyer in Rancho Cucamonga? If you have been charged with the crime of battery then you could face serious penalties for conviction, it is important for you to have skillful representation on your side that will be able to aggressively defend you against false accusations, evidence and testimonies. According to § 243 of the California Penal Code, if you are convicted of battery then you could face penalties of fines up to $2,000 and/or imprisonment up to six months.

While we generally think of battery as a violent attack against an individual, this is not always the case. The law does not require that you harm an individual in order to be charged with battery, only that there was unwanted physical contact. This can be argued by an opposing attorney, for this reason it is imperative that you retain the legal services of a San Bernardino battery lawyer from our firm. We will be able to fight against these accusations and the charges that are brought against you.

Charged with battery? Get the defense you need today! Contact us now at (909) 658-7341 for a free consultation.

Is Battery a Felony or Misdemeanor in California?

Battery can be either a felony or a misdemeanor in California, depending on the circumstances. In general, battery refers to the use of violent force against another person that is willful and unlawful. Simple battery in California involves an unprovoked and unwanted touch or contact, which is usually charged as a misdemeanor.

The following factors can elevate a battery charge to a felony:

• Using a deadly weapon
• Inflicting serious injury on another
• Battery against a peace officer, firefighter, or other protected class of individuals
• Battery committed with the intent to commit a felony, such as robbery or sexual assault
• It is also possible for a defendant to be charged with a felony if he or she has a prior criminal record, particularly for violent offenses.

Depending on the circumstances of each case, each charge and potential penalty will differ. In the event you are charged with battery in California, it is important to consult with a qualified criminal defense attorney who can explain your rights and options to you.

Battery vs. Assault in California

In California, assault and battery are two distinct crimes, though they are often confused. Here’s a breakdown of both:

Assault (California Penal Code § 240):

• Assault occurs when someone intentionally attempts to harm another person or makes them reasonably fear imminent harm.
• Importantly, no physical contact is required for an assault charge to apply. The focus is on the threat of violence, not actual harm.
• For example, if someone swings a fist at another person but misses, they can still be charged with assault.

Battery (California Penal Code § 242):

• Battery involves willfully and unlawfully using force or violence against another person.
• Unlike assault, battery requires actual physical contact with the victim, even if it doesn’t cause injury.
• A simple push or slap could result in battery charges.

Battery Penalties and Consequences

The penalties for battery depend on whether it’s charged as a misdemeanor or a felony:

Misdemeanor Battery:

• Up to 6 months in county jail.
• Fines up to $2,000.
• Probation and possibly community service.
• Court-ordered anger management programs or counseling.

Felony Battery:

• More severe penalties, including 1 to 4 years in state prison.
• Higher fines and restitution for the victim’s losses.
• Longer-term consequences, including stricter probation terms.

A criminal record from a battery conviction can affect various aspects of life, including:

• Employment: Employers may hesitate to hire someone with a violent crime on their record.
• Housing: Landlords may refuse to rent to someone convicted of battery.
• Civil Rights: A felony conviction may impact your right to own firearms or vote.

Restitution and Victim Impact

Victims of battery have the right to seek restitution for any damages caused:

• Medical Costs: Victims can ask for reimbursement for hospital bills, doctor visits, and ongoing treatments.
• Lost Wages: If the victim had to miss work due to injuries, they can claim lost wages.
• Emotional Distress: Compensation for pain, suffering, or trauma caused by the incident.

Additionally, victim impact statements can play a significant role in the outcome of the case. These statements:

• Help the judge or jury understand the emotional and physical toll on the victim.
• Can influence the severity of the sentencing, including whether the defendant gets probation or prison time.

How Our Firm Can Help You

Facing battery charged? A Rancho Cucamonga battery attorney from The Law Offices of Kirk Tarman & Associates will be able to provide you with skillful and aggressive representation that will aggressively fight against any charges that are brought against you, and will fight for your rights, your goals and your desires regarding the outcome of your case in court. We will be able to answer your questions regarding your case, discuss your options with you, advise you of the best legal action for you to take and provide you with skillful and aggressive representation that will maximize your chances of a favorable outcome of your case in court if you choose to work with us.

Frequently Asked Questions (FAQs)

• Can I be charged with battery if no injury occurred?
  Yes, you can still be charged with battery even if the victim wasn’t injured. Under California law, battery only requires unwanted physical contact, not injury. For example, a shove or a slap could still lead to battery charges.
• What is the difference between simple battery and aggravated battery in California?
  • Simple battery is when someone makes physical contact with another person without consent, typically charged as a misdemeanor.
  • Aggravated battery involves more serious circumstances, such as using a deadly weapon or causing great bodily injury, which could elevate the charge to a felony.
• Can a battery charge be dropped or reduced?
  Yes, a battery charge can potentially be reduced or dismissed depending on the circumstances of the case. An experienced attorney may be able to challenge the evidence, negotiate a plea deal, or argue for a reduction in charges if there are mitigating factors.
• What happens if I’m convicted of battery as a first-time offender?
  First-time offenders may face less severe penalties, such as probation or community service, especially if the battery charge is a misdemeanor. However, a felony conviction could result in significant jail time and a permanent criminal record. It’s important to work with a defense attorney to explore possible alternatives to jail.
• Can I face both criminal and civil consequences for battery?
  Yes, in addition to criminal penalties, you can also be sued for damages in a civil court by the victim. This could result in additional financial obligations, such as compensation for medical bills, lost wages, and emotional distress.
• What is the statute of limitations for battery charges in California?
  In California, the statute of limitations for misdemeanor battery is generally one year from the date of the alleged offense. For felony battery, the statute of limitations is typically three years. After these timeframes, charges can no longer be filed.
• Can battery charges be filed if both parties were fighting?
  Yes, even if both parties were involved in a fight, someone can still be charged with battery. However, a self-defense claim may be raised if you were acting to protect yourself or others from harm.