A Battery Defense Attorney Protecting Your Rights In California
Battery is when someone willfully uses force or violence against another person. It is a serious charge that can result in jail time, hefty fines and a lasting criminal record. Yet the circumstances surrounding battery charges are rarely black and white. There are always two sides to every story.
It may have been a moment of misunderstanding, a heated argument that got out of hand or even a false allegation resulting from a difficult personal situation. The details of the story are crucial, especially when a conviction can place a person’s freedom and future at risk.
If you or a loved one are facing battery charges, then you need a strong advocate who understands both sides of the courtroom. I am Marc Pelta, a San Francisco criminal defense attorney with over 13 years of experience in California’s criminal justice system. Managing charges from simple battery to serious felonies, I represent clients throughout the Bay Area at my firm, Pelta Law.
What Is Battery In California?
California Penal Code Section 242 defines battery as any willful and unlawful use of force or violence upon another person. This offense often causes confusion because many people mistake it for assault. While assault refers to an attempt or threat to use force, battery involves actual physical contact.
Below, I address some common questions about battery charges in California.
What is an example of battery?
Battery can take many forms, including the following actions:
- Pushing someone during an argument
- Throwing an object that hits another person
- Forcefully grabbing someone’s arm to prevent them from leaving
- Spitting on another person
- Making any unwanted physical contact
Even if the contact doesn’t cause serious injury, it may still qualify as battery under the California penal code. The key element is that the contact must be willful and unlawful. This means the person intended to make the physical contact, even if they did not intend to cause harm. Moreover, the contact should not be justifiable, such as through self-defense or consent.
What is a potential sentence for battery?
Simple battery is typically a misdemeanor charge, carrying penalties of up to six months in county jail and fines of up to $2,000. However, the sentence can become more severe based on factors such as the following:
- The severity of any injuries
- The identity of the victim
- The defendant’s criminal history
- The circumstances of the incident
Given these variables, it’s crucial to have experienced legal representation to protect your rights and work toward reducing or dismissing the charges against you.
Is battery a felony?
Battery can be a felony crime, depending on the specifics of the case. Certain factors that may lead to felony charges include:
- Causing serious bodily injury
- Battery against a peace officer
- Battery involving domestic violence
- Prior criminal convictions
It’s important to know whether you’re facing misdemeanor or felony battery charges, as this will affect your defense options and possible penalties.
Potential Consequences Of A Battery Conviction
Under California’s penal code, a battery conviction can have far-reaching consequences. As a felony charge, a person may face up to three years in county jail or state prison, along with fines ranging from $2,000 to $10,000. It may also result in the following:
- A permanent criminal record visible on background checks
- Difficulty finding employment or housing
- Professional license restrictions or revocations
- Immigration consequences for noncitizens
- Civil lawsuits from the victim seeking monetary damages
- Mandatory anger management programs
- Years of formal probation supervision
- Potential wage garnishment from civil judgments
I know how a battery conviction can impact every aspect of a person’s life. If my client is facing felony battery charges, I focus on gathering evidence early and exploring every available legal option to protect their interests.
Common Defenses For Battery Charges
Every battery case is different. Depending on the situation and evidence presented, a person may have a strong defense against a battery charge if:
- The act was in self-defense: They only used force to protect themselves from real danger.
- There was consent: This means both parties agreed to the physical action or contact, such as in sports.
- There was a lack of intent: The contact was accidental or not on purpose.
- It was a false claim: The charge was the result of a personal dispute or mistaken identity.
- There is not enough evidence: The prosecution cannot prove guilt beyond a reasonable doubt.
It’s important to note that these defenses may not apply to every situation. When my clients face battery charges, I carefully evaluate all aspects of their cases to determine the most appropriate approaches.
Why Choose Pelta Law For Your Battery Defense?
After serving as a prosecutor for three years, I founded Pelta Law in 2008 with a clear mission: protecting the rights of those facing criminal charges. The prosecution has to prove every element of a battery charge beyond a reasonable doubt, and I make sure that they are held to that high standard while presenting a strong defense for my clients.
I have handled cases at every level of our legal system. My admission to practice before the Supreme Court of the United States, the 9th U.S. Circuit Court of Appeals and multiple federal district courts means that I’m well-versed in defending serious charges. When you’re facing battery charges, this depth of experience matters. I know what questions to ask, what evidence to look for and how to protect your rights in court.
Discuss Your Battery Defense Case With A Former Prosecutor Today
Every battery case has its own story and crucial details that matter. With my extensive experience and in-depth knowledge of the California penal code, I can help you present your side of the story effectively.
Let’s discuss your case and explore your defense options. Contact Pelta Law today by calling 415-853-8627 or sending a message through this contact form.