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Battery

Are you facing Battery charges in Los Angeles?

Battery can be charged as either a misdemeanor or a felony under California law. Misdemeanor battery is charged under California Penal Code Section 242, and you can be convicted even if the complaining party doesn’t suffer any pain or injury.

In contrast, “aggravated battery” is charged under California Penal Code section 243(d), and requires that the complaining party suffer serious bodily injury. This charge is a “wobbler” meaning that it can be charged as a felony or a misdemeanor.

It is also worth noting that people commonly use the term “assault and battery”, however assault and battery are actually two separate crimes, and carry different punishments. Assault, under California Penal Code section 240, is only an attempt to use force or violence on someone else, whereas battery is actually using force or violence.

If you are facing battery charges in Los Angeles, or surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134

Los Angeles Criminal Defense Lawyer Miles Booth

Los Angeles Criminal Defense Lawyer

How does the prosecution prove that I am guilty of Battery?

Misdemeanor Battery

To be found guilty of misdemeanor Battery under California Penal Code Section 242 the prosecutor must prove that you;

  • Willfully and unlawfully touched another person again their will,
  • The touching was harmful or offensive, and
  • You did not act in self defense, or the defense of another person

For example, simply pushing someone who irritates you, or slapping someone’s butt is enough to result in a battery conviction.

Aggravated Battery

To be convicted of California Penal Code section 243(d), aggravated battery, the prosecutor must also prove that you caused the complaining party serious bodily injury in addition to the elements listed above. Penal Code section 243(d) it is a “wobbler” offense. This means that it can be charged as a felony or a misdemeanor.

Serious Bodily Injury

The court defines serious bodily injury as a serious impairment of physical condition, including but not limited to, loss of consciousness, concussion, bone fracture, or a wound requiring extensive suturing.

How can I defend myself against Battery Charges?

Being charged with battery can be shocking, especially if it is the result of a minor conflict in which no one was harmed. A Los Angeles criminal defense attorney can help you defend yourself, and protect your reputation and freedom. Some of the most common legal defenses to a battery charge are that;

  • You acted in self defense
  • The force or violence was not willful
  • You were falsely accused
  • You were acting within your rights to reasonably discipline your child

Additionally, battery cases sometimes do not have any witnesses. This means that if the accuser is unwilling to testify, and fails to respond to the court’s subpoena, the District Attorney may be unable to prove the case at trial, resulting in a dismissal.

Just because you have been accused of battery does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth, to discuss how to best defend your case.

What are the Penalties for Battery?

Misdemeanor Battery

California Penal Code section 242, battery, is a misdemeanor, and a conviction may result in up to;

  • 6 months in county jail,
  • A $2,000 fine, and/or
  • Misdemeanor probation

Aggravated Battery

Penal Code section 243(d), battery causing serious bodily injury, is a “wobbler” offense, meaning that it can be charged as a misdemeanor or a felony. The decision to charge it as a misdemeanor or a felony is up to the prosecutor, and will depend on a number of factors. The two biggest factors in making this decision are your criminal history, and the extent of the injury alleged.

A misdemeanor a conviction may result in up to;

  • One year in county jail,
  • A $2,000 fine, and/or
  • Misdemeanor probation

A felony a conviction may result in up to;

  • 2, 3, or 4 years imprisonment,
  • A $10,000 fine, and/or
  • Felony probation

Additional Penalties

If felony or misdemeanor probation is granted a protective order will be issued for the duration of your probation, preventing you from contacting the alleged victim. Additionally, a conviction may have adverse immigration consequences and could result in the suspension of a professional license.

Contact Los Angeles Criminal defense attorney miles booth

Facing charges for battery can be overwhelming. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy.It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.

As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. He has handled thousands of cases throughout Los Angeles County and will aggressively defend you to get the best outcome possible.

If you are facing battery charges in Los Angeles, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

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