Riverside Battery Defense Lawyer

PC 242: What is Being Charged With Battery in California?

Battery is a serious offense in California, defined as the willful and unlawful use of force or violence upon another person. This crime can be charged even if the victim was not injured, but simply because the perpetrator committed some type of unwanted physical contact. 

Is Battery a Felony in California?

Battery can be charged as either a misdemeanor or a felony, depending upon the circumstances of the alleged incident.

If the contact did not result in harm to the victim, you will be charged with simple battery, which is a misdemeanor. If the contact caused harm to the victim, you could be charged with either a misdemeanor or felony for committing aggravated battery, also known as battery with serious bodily injury.

Contact our Riverside battery lawyer from the Law Offices of Grech & Packer at (951) 291-0105 today!

What are Common Types of Battery Charges in California?

Battery charges are categorized based on the severity of the offense and the nature of the alleged victim. Common types include:

• Simple Battery (Penal Code 242): Involves any willful and unlawful use of force or violence against another person. Even minimal physical contact, such as a shove, can lead to charges.
• Battery Causing Serious Bodily Injury (Penal Code 243(d)): Applies when the alleged victim suffers significant injuries, such as broken bones or severe wounds. This is typically charged as a felony.
• Domestic Battery (Penal Code 243(e)(1)): Involves battery against a current or former spouse, cohabitant, or dating partner. Convictions can result in jail time, fines, and mandatory participation in domestic violence counseling programs.
• Battery on a Peace Officer (Penal Code 243(b) and 243(c)): Involves the unlawful use of force against law enforcement officers, firefighters, EMTs, or other public officials while they are performing their duties. This can be charged as a misdemeanor or felony, depending on the circumstances.
• Sexual Battery (Penal Code 243.4): Involves unlawful and unwanted touching of another person’s intimate areas for sexual gratification. Sexual battery cases often carry severe penalties and mandatory registration as a sex offender.

A Riverside battery attorney can help determine the specific charge in your case and develop a defense strategy tailored to the facts and circumstances.

Can You Go to Jail for Battery in California?

If you are convicted of battery, you face very serious consequences that can include jail time. That's why it's important to enlist the powerful representation of a Riverside battery attorney from Grech & Packer as soon as you are charged. 

Possible sentences for battery in California includes:

Simple Battery

• Informal probation
• Fine of $1,000
• Up to 6 months in county jail
• Completion of a batterer's program
• Community service

Misdemeanor Aggravated Battery

• Informal probation
• Fine of $1,000
• Up to 1 year in county jail

Felony Aggravated Battery

• Formal probation
• Fine of $10,000
• 2 to 4 years in state prison
• Possible "strike" on your record

What are Aggravating and Mitigating Factors in Battery Cases?

Certain factors can influence the severity of battery charges and penalties.

Aggravating Factors:

• Use of a weapon.
• Infliction of serious bodily injury.
• Battery against vulnerable individuals, such as children or elderly persons.
• Prior criminal history.

Mitigating Factors:

• Lack of a prior criminal record.
• The defendant’s remorse and willingness to participate in rehabilitation programs.
• Weak evidence or credible doubts about the prosecution’s case.

A Riverside battery attorney can argue mitigating factors to reduce charges or penalties and advocate for alternative sentencing options, such as probation or community service.

What are Common Defenses Against Battery Charges?

An experienced Riverside battery attorney can employ various defenses to challenge the prosecution’s case and reduce or dismiss charges. Common defenses include:

• Self-Defense or Defense of Others: Demonstrating that the defendant used force to protect themselves or another person from imminent harm.
• Consent: Proving that the alleged victim consented to the contact, such as in a sports or consensual physical interaction.
• Lack of Intent: Arguing that the contact was accidental and not willful.
• Insufficient Evidence: Highlighting weaknesses in the prosecution’s evidence, such as unreliable witness testimony or lack of physical proof.
• False Allegations: Demonstrating that the charges were motivated by personal disputes, revenge, or other improper reasons.
• Procedural Errors: Challenging unlawful arrests, improper searches, or violations of the defendant’s rights during the investigation.

Need a Lawyer for Battery Charges in Riverside, CA?

Conviction for battery will have serious effects upon your relationships, future, and freedom, so you should enlist the defense of a skilled Riverside battery attorney as soon as possible. Our firm is dedicated to fighting criminal charges in Riverside and protecting our clients' rights and interests. We are experienced in battery cases and can build a compelling defense on your behalf.

Don't risk your case to a public defender; contact a Riverside battery lawyer from Grech & Packer at (951) 291-0105 to enlist the defense you need!