Los Angeles Battery Defense Attorneys | LA Criminal Defense Lawyers
Unlike assault, battery is more than a simple threat. Instead, battery is defined under California Penal Code §242 as the actual use of force or violence to cause a serious injury to another person. In some cases, the causing of the injury will be coupled with the threatening of causing injury and therefore the two will be charged together as “assault & battery” – however, these are two completely separate criminal charges per California law.
Penalties for this type of criminal charge are severe and include the following:
- Maximum monetary fine of $2,000; and / or
- Maximum imprisonment in a county jail for six months
Similar to assault, there are certain circumstances that can occur that would cause the criminal charges of battery to become elevated. For example, who the victim is can completely alter the criminal charges. Certain people who are part of a protected classes and who would cause heightened battery charges include peace & custodial officers, firefighters, EMTs and security officers. Should someone be accused of committing battery against one of the people outlined in §243(b), they would face a potentially doubled prison sentence of a year of imprisonment as opposed to a mere six months.
Other aggravating factors include the alleged victim suffering from a serious bodily injury. If so, penalties can be elevated to include two, three or four years of imprisonment in a county jail. Should the battery be committed against a person with whom the defendant has a personal relationship (such as a current or former spouse, cohabitant, child or fiancé), it could become a domestic violence cause with severe penalties. For this reason, regardless of the circumstances, it is extremely important that no time is wasted in getting the involvement of a knowledgeable criminal lawyer to help defend your rights.
3 Decades Of Criminal Defense Experience In Los Angeles
At Takakjian & Sitkoff, LLP, we provide aggressive defense against assault and battery charges. We understand the consequences of conviction and relentlessly defend against charges. We listen to our client and get the full story. We interview witnesses to prepare effective defenses based on self-defense, lack of criminal intent, mistaken identity or otherwise, as the case may be. Where police have extracted a confession under duress, we motive to suppress the evidence. Call us now at (888) 579-4844 for a free no-obligation consultation to discuss your case and options.