Los Angeles Battery Defense Attorneys

Defending Against Battery Charges in California

If you have been accused of battery, it can be a daunting and stressful experience. An experienced criminal defense attorney from Stein & Markus can provide the support and guidance you need during this challenging time. Our team is committed to defending your rights, offering comprehensive counsel, and working tirelessly to challenge the allegations against you. We understand the gravity of your situation and aim to provide compassionate, effective legal representation to help navigate the complexities of the legal system.

Charged with battery? Protect your future! Contact us now at (562) 512-7030 for a free consultation and let our experienced attorneys fight for you.

What Is Criminal Battery?

In Los Angeles, criminal battery is defined as any willful and unlawful use of force or violence upon another person. It's important to note that the force does not need to cause injury or harm, just the mere touch can be considered battery if it was done in a harmful or offensive manner. The key element of this offense is the intent and the action. If convicted, the penalties can vary from fines to imprisonment, depending on the severity of the incident and previous criminal history.

Potential Penalties for a Battery Conviction in California

Los Angeles law takes battery offenses very seriously, and the penalties for a conviction can be severe. The specific consequences depend largely on the circumstances of each case, such as the severity of the action, the harm caused, and any previous criminal record.

For a simple battery conviction (Penal Code 242 PC), you could be facing up to six months in county jail, a fine of up to $2,000, or both. Moreover, a conviction may also include probation, community service, and mandatory attendance at a batterer's program.

If the battery caused serious bodily injury, it is considered a 'wobbler', meaning it can be charged as either a misdemeanor or a felony. As a misdemeanor, penalties may include up to one year in county jail, whereas as a felony, it could lead to a prison sentence of two, three, or four years.

Furthermore, battery against special victims like police officers, firefighters, or healthcare providers can also result in heightened sentencing.

It's crucial to understand that these potential penalties can have long-term impacts on your personal and professional life. Legal representation from a seasoned attorney is therefore critical to ensure the best possible defense is put forward.

Defenses Against Battery Charges

Common defenses may include:

• Self-Defense: One of the most common defenses to battery is self-defense. Under California law, if you reasonably believed you were in imminent danger of being harmed and used only the force necessary to protect yourself, you may be able to argue that your actions were justified. The key is proving that the threat was immediate and that your response was proportional to the danger.
• Defense of Others: Similar to self-defense, the defense of others can be used when you act to protect another person from harm. You must show that the person you were defending was in immediate danger of being harmed and that the force you used was necessary and reasonable under the circumstances.
• Consent: In some instances, the alleged victim could have consented to the contact. For example, during certain sporting events or consensual physical interactions, there may be an understanding that some level of physical contact will occur. If the alleged victim consented to the act, this can serve as a defense to battery charges.
• Lack of Intent: Battery requires intentional conduct. You cannot be found guilty of battery if the contact was accidental or unintentional. For example, if you unintentionally bumped into someone, and they later accused you of battery, you could argue that there was no intent to harm.
• False Allegations: Unfortunately, false accusations of battery can and do happen. Whether due to personal disputes, misunderstandings, or malicious intent, being wrongfully accused of battery can be devastating. In these cases, gathering evidence, such as witness testimony, surveillance footage, or any other documentation that can disprove the allegations is essential.
• Insufficient Evidence: The prosecution must prove every element of a battery charge beyond a reasonable doubt. If insufficient evidence supports the alleged victim's or law enforcement's claims, the charges may be reduced or dismissed entirely.
• Stand Your Ground: Although California does not have a "stand your ground" law like some other states do, there are situations where you do not have a duty to retreat before defending yourself or others. If you are in a place where you have a right to be and face an imminent threat of harm, you may use force to defend yourself without having to retreat.

Steps to Take If You’ve Been Charged with Battery

Facing a battery charge can be overwhelming, but taking the right steps early on can significantly impact your case. Follow these guidelines to protect your rights:

• Stay Calm & Remain Silent – Do not argue or resist arrest. Avoid making any statements to law enforcement without an attorney present, as anything you say can be used against you.
• Contact an Experienced Attorney – A skilled criminal defense lawyer can assess your case, explain your legal options, and build a strong defense strategy. The sooner you get legal representation, the better.
• Gather Evidence – If possible, collect witness statements, surveillance footage, text messages, or any other evidence that could support your side of the story.
• Avoid Contact with the Alleged Victim – Reaching out to the accuser could lead to additional charges, such as harassment or violating a protective order. Let your attorney handle any necessary communication.
• Attend All Court Dates – Failing to appear in court can result in additional penalties, including an arrest warrant. Stay informed about your legal obligations and follow all procedures carefully.

How a Battery Conviction Can Impact Your Future

A battery conviction can have serious, long-lasting consequences that extend beyond legal penalties. Here’s how it can affect your life:

• Criminal Record – A conviction will appear on background checks, making it difficult to secure jobs, housing, or professional licenses.
• Jail Time & Fines – Depending on the severity of the charge, you could face months or years in jail, along with hefty fines.
• Firearm Restrictions – A battery conviction may result in losing your right to own or possess firearms.
• Immigration Consequences – Non-citizens convicted of battery may face deportation or denial of visa renewals.
• Restraining Orders & Child Custody Issues – The court may issue a restraining order, limiting your freedom, and affecting your parental rights.

Expunging a Battery Conviction in California

If you have a battery conviction on your record, expungement may help you move forward.

• Eligibility for Expungement – You may qualify if you have completed your probation or sentence and have no new criminal charges.
• How an Attorney Can Help – A lawyer can guide you through the expungement process, ensuring all paperwork is filed correctly and increasing your chances of success.
• Benefits of Expungement – Once a conviction is expunged, it will no longer appear in most background checks, improving job opportunities and personal reputation.

If you need legal assistance, contact an experienced attorney today to discuss your options.