Los Angeles Battery Defense Attorney

How Battery is Defined Under California Law

Under California Penal Code Section 242, battery is defined as the "willful and unlawful use of force or violence upon the person of another." You can be charged with battery even if your actions do not result in injury to the victim. The prosecutor only needs to prove that you initiated some form of unwanted physical or offensive contact in order to secure a conviction. Battery as defined above is considered "simple battery."

There are several other types of battery, including:

• Aggravated battery
• Simple battery
• Domestic battery
• Sexual battery
• Battery on a police officer

Arrested for Battery? Don’t Wait to Contact Our Firm!

Anyone who is facing battery charges in the state could be sentenced to jail or prison time along with excessive fines, probation, and worst of all, a permanent criminal record. If you have been charged with battery, or even assault, you should not hesitate to speak with one of the Los Angeles battery defense lawyers at Stephen G. Rodriguez & Partners about your legal options. With more than 70 years of combined legal experience, we are well-equipped to provide the aggressive defense that you need.

Simple Battery – California Penal Code § 242

According to California Penal Code Section 242, battery, or "simple battery," is defined as any willful and unlawful use of force or violence against another person. The elements of this crime include:

• The defendant's actions were willful and unlawful
• The defendant used force or violence
• The defendant's actions were directed at another person

Simple battery is a misdemeanor offense, which means that you could face up to six months in county jail if you are convicted. You may also be forced to pay a fine of up to $2,000 and/or complete community service.

Domestic Battery – California Penal Code § 243(e)(1)

According to California Penal Code Section 243(e)(1), domestic battery is defined as any willful and unlawful touching that is harmful or offensive, and is committed against any of the following parties:

• The defendant's current or former spouse
• The defendant's current of former fiancé
• The defendant's current or former dating partner
• The defendant's current or former cohabitant
• The other parent of the defendant's child

Domestic battery is charged as a misdemeanor offense in the state of California, which means that you could face up to one year in county jail if you are convicted. You may also be forced to pay a fine of up to $2,000.

Aggravated Battery – California Penal Code § 243(d)

Under California Penal Code Section 243(d), aggravated battery, or "battery with serious bodily injury," is defined as battery that results in injury to the victim. The elements of this crime include:

• The defendant committed battery against another person
• The defendant caused serious bodily injury to the victim

Aggravated battery is a "wobbler" offense, which means that it could be charged as a misdemeanor or felony. Penalties may include up to four years in prison and $10,000 in fines if you are convicted of a felony.

Sexual Battery – California Penal Code § 243.4

According to California Penal Code Section 243.4, sexual battery is defined as the unwanted touching of an intimate body part for sexual arousal, gratification or abuse. Felony charges may apply if:

• The victim was told that the touching was for medical purposes
• The victim was unlawfully restrained during the act
• The victim was medically incapacitated or seriously disabled
• The victim was forced to engage in sexual acts while under duress

If convicted of misdemeanor sexual battery, you could face up to one year in county jail and $2,000 in fines. If you are convicted of felony sexual battery, you could face up to four years in prison and $10,000 in fines.

Battery on a Police Officer – California Penal Code § 243(b)

According to California Penal Code Section 243(b), battery on a police officer is defined as intentional and unlawful touching, striking or hitting or a police officer. The elements of this crime include:

• Battery was committed against a peace officer or protected person
• The peace officer was engaged in the performance of official duties
• The defendant knew that the victim was a peace officer
• The peace officer or protected person sustained an injury

Other protected individuals include firefighters, EMTs and school police. The penalties may include up to three years in prison and $10,000 in fines if the victim was injured. If there were no injuries, you could face one year in jail.

Legal Defenses to Battery Charges

Several defenses may apply, depending on the circumstances of the case. Here are some common legal defenses to battery charges in California:

• Self-Defense: One of the most common defenses is self-defense. California law allows individuals to protect themselves if they reasonably believe they are in imminent danger of being harmed. To use self-defense as a defense to battery, the defendant must show they reasonably believed they or someone else was in immediate danger of physical harm, they used only the amount of force necessary to prevent that harm, the force used was proportional to the threat. For example, if someone physically threatens you and you push them to protect yourself, this defense may apply.
• Defense of Others: Similar to self-defense, a person may also use force to protect another individual if they reasonably believe that person is in immediate danger of physical harm. The force used must be proportional to the threat posed to the other person.
• Consent: In certain situations, the alleged victim may have consented to the physical contact. This defense is commonly seen in cases where the contact occurs during consensual activities, such as sports. If the physical interaction was part of a mutually agreed-upon situation (e.g., a sports game), it may not be considered battery. However, consent may not be a valid defense if excessive force was used or if the consent was not informed.
• Accident or Lack of Intent: Battery requires intentional conduct. If the defendant can demonstrate that the physical contact was accidental and not intentional, this may serve as a defense. For example, if someone bumps into another person by accident, this is not considered battery since there was no intent to cause harm.
• Lack of Sufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant committed battery. If there is insufficient evidence to establish all the elements of the crime, the defense can argue that the charges should be dismissed. For instance, if there are no reliable witnesses or the evidence is contradictory, the defense may challenge the credibility of the allegations.
• False Accusation: In some cases, battery charges arise from false accusations, often in emotionally charged situations such as domestic disputes. The defense may present evidence showing that the alleged victim fabricated the story, had a motive to lie, or misinterpreted events.
• Parental Right to Discipline: California law permits parents to discipline their children in a reasonable and non-excessive manner. This defense may apply if a parent or guardian is charged with battery for disciplining their child. However, the force used must not be excessive or unreasonable.
• Mutual Combat: Mutual combat refers to a situation where both parties voluntarily agree to engage in physical confrontation. While this may not completely absolve the defendant of responsibility, it may be used to argue for a reduction in charges or penalties, as both parties were equally involved in the altercation.
• Duress: In rare cases, a defendant may claim they committed battery because they were forced to do so by someone else, under the threat of immediate harm to themselves or others. If proven, this defense can absolve the defendant of criminal liability.
• Mental Incapacity: If the defendant was not mentally capable of understanding the nature of their actions or did not have the intent to commit the act due to a mental disorder, this could serve as a defense. This would require a strong showing of medical evidence demonstrating that the defendant could not form the intent to commit battery.

Get Your Free Initial Consultation Today

At Stephen G. Rodriguez & Partners, we understand the importance of a strong violent crime defense. We have provided successful representation in numerous battery cases, ranging from simple bar fights to sex offenses.

We invite you to contact a battery crime attorney in Los Angeles so that we can fully inform you about your legal rights and options. From there, we can thoroughly investigate and examine the facts related to your case, gather all evidence that supports your defense, and work to ensure that your defense rests on solid facts. Consult with us before speaking to the police!

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