Battery
In California a battery charge is serious and should not be taken lightly. A battery conviction can have serious consequences ranging from county jail to state prison along with substantial fines and restitution. At Rodriguez, Lewis & Kahn, we understand exactly how important a strong and effective battery defense is. We have represented individuals in all types of battery cases - ranging from simple bar fights to sex offenses. If you've been charged with battery and you need vigorous representation contact the criminal defense lawyers at Rodriguez, Lewis & Kahn to learn about your legal options.
CALIFORNIA BATTERY LAW
California Penal Code Section 242 defines battery as, “ willful and unlawful use of force or violence upon the person of another. ” A battery occurs even if there is no injury as long as there is some kind of unwanted physical or offensive contact. This is the general definition and is often referred to as “simple battery,” but there are other California battery statutes that cover specific forms of battery, for instance:
- California Penal Code 243d — Battery with Serious Bodily Injury
- California Penal Code 243(e)(1) - Domestic Battery
- California Penal Code 243.4 — Sexual Battery
- California Penal Code 243.2 — Battery Perpetrated On School, Park or Hospital Property
- California Penal Code 243b — Battery of a Police Officer.
Battery can be charged as either a felony or a misdemeanor (i.e., it is a " wobbler "). How it is charged depends on a number of different factors, including the terms of the battery statute under which the offense was charged, the circumstances surrounding the crime, including the injury and the defendant's prior criminal record.
BATTERY PENALTIES
Most battery offenses are punishable by incarceration and/or a fine. Misdemeanors are punishable by up to a year in county jail, while felony battery carries a state prison commitment.
| Crime | Jail Time | Fine |
| “Simple” Battery | Up to 6 months in county jail | Up to $2,000 |
| Battery Causing Bodily Injury –(misdemeanor) | Up to 1 year in county jail | Up to $1,000 |
| Battery Causing Serious Bodily Injury (felony) | 2, 3 or 4 years in state prison | Up to $10,000 |
| Domestic Battery | Up to 1 year in county jail | Up to $2,000 |
| Sexual Battery (misdemeanor) | Up to 1 year in county jail | Up to $2,000 |
| Sexual Battery (felony) | 2, 3 or 4 years in state prison | Up to $10,000 |
| Battery Against A Police Officer -- no injury | Up to 1 year in county jail | Up to $2,000 |
| Battery Against A Police Officer -- injury | Up to 1 year in county jail or 16 months, 2 or 3 years in state prison. | Up to $10,000 |
| Battery Against Specified Officers (e.g., custodial officer, firefighter, EMT) -- no injury | Up to 1 year in county jail | Up to $2,000 |
| Battery Against Specified Officers -- injury | 16 months, 2 or 3 years in state prison. | Up to $10,000 |
| Battery on Specific Property (e.g., school grounds) | Up to 1 year in county jail | Up to $2,000 |
| Battery of an Elderly or Dependent Adult | Up to 1 year in county jail | Up to $2,000 |
| Battery Against Transportation Workers – no injury | Up to 1 year in county jail | Up to $10,000 |
| Battery Against Transportation Workers – injury | 16 months, 2 or 3 years in state prison. | Up to $10,000 |
BATTERY AGGRAVATING FACTORS
If there are aggravating circumstances (e.g., a weapon was used during the battery or the victim was tortured) the battery sentencing will be more severe. Additionally, felony battery is considered a “serious” felony and can therefore result in having a “ Strike ” on your record under the California “Three Strikes Law.” This means that a second strike conviction will be punished with a sentence that is double what is legally mandated and a third felony conviction will be punished with a 25-year to life sentence.
LOS ANGELES BATTERY ATTORNEYS
If you have been charged with battery, call us, we can HELP! Hiring the right criminal defense attorney may be one of the most important decisions you will make in your life. We offer an aggressive and vigorous defense representation to battery charges that includes thoroughly investigating the facts of your case, interviewing witnesses (favorable & non-favorable), and challenging the evidence presented by the prosecution against you.
Call the Los Angeles offices of Rodriguez, Lewis & Kahn for a FREE ONE-ON-ONE confidential consultation.