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.

To learn more about how our Los Angeles battery defense lawyers can support you, call us at (562) 512-7030 for a free initial consultation.

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.