Have you been arrested and charged with battery in San Diego, CA? A battery conviction can have serious consequences and impact your life for years to come. Contact an experienced San Diego battery defense attorney at Blair Defense Criminal Lawyers to start building your strong defense today.
Our lawyers have years of experience defending clients across San Diego County. We’re prepared to put that experience to work aggressively defending your rights.
How Blair Defense Criminal Lawyers Can Help if You Were Charged with Battery in San Diego?
Your future is on the line if you’ve been arrested or charged with battery. Any criminal conviction for a violent crime can jeopardize your freedom and your reputation. Our criminal defense attorneys at Blair Defense Criminal Lawyers are here to fight on your behalf.
We’ve been known for being strong and fierce advocates since we opened our doors more than a decade ago.
Hire us, and you’ll have a lawyer to:
- Locate and analyze all evidence in your case
- Identify any weaknesses in the prosecution’s evidence
- Negotiate to have your charges reduced or dropped if possible
- Handle all communications with the police and prosecutors
An arrest doesn’t mean that you’re guilty. It just means you’ll have to fight hard to clear your name. Working with an experienced San Diego criminal defense lawyer is the best way to protect yourself.
Don’t wait to take legal action. Call for a free consultation today.
Overview of Battery Laws in California
Like many states, assault and battery are two separate criminal offenses in California. Assault is the mere threat of violent or harmful acts. On the other hand, battery involves the actual unlawful and willful use of force or violence on another person.
Prosecutors can convict on battery charges if you inflicted some type of violent act on another person. In other words, the state doesn’t have to prove that you caused a physical injury. It’s enough that you touched another person in some type of offensive or violent manner.
However, state prosecutors must prove each element of the crime beyond a reasonable doubt. That means they’re required to prove that:
- You touched or made contact with another person
- You acted willfully or intentionally
- The contact was harmful or offensive in some way
For example, if you threw a brick in someone’s direction and hit that person, you can be convicted on battery charges. It doesn’t matter whether you intended to hit the person. Prosecutors can convict on battery charges if you intentionally picked up the brick and threw it in the other person’s direction.
When is Contact Considered Harmful or Offensive?
Not all physical contact between two people is harmful or offensive. The facts and circumstances of your case will determine whether contact was somehow violent or offensive.
In many cases, whether contact is harmful or offensive will be based on how the victim felt. It’s also important to evaluate the circumstances to determine whether it was reasonable for the alleged victim to take offense.
At Blair Defense Criminal Lawyers, our San Diego assault and battery lawyers have been handling complex criminal cases for years. We will thoroughly evaluate the circumstances and build the strongest possible case to prove that your conduct was not harmful, violent, or offensive.
You can learn more about how we can help today. Just call our law offices to schedule a free case review with an experienced San Diego battery defense lawyer today.
Aggravated Battery Charges
In a simple assault and battery case, prosecutors aren’t required to prove that the victim was injured. Aggravated battery, on the other hand, is a battery that causes serious bodily injury. Serious bodily injury is an injury that causes any serious impairment of the victim’s physical condition.
Depending upon the circumstances, aggravated battery or assault with a deadly weapon can be misdemeanor or felony offenses.
Domestic Battery Charges
Under California law, domestic battery is defined as battery that is committed against:
- A spouse or former spouse
- Someone who lives in your household (including children)
- The parent of your child
- A fiance
- A dating partner
- A former dating partner
Domestic battery may be a felony or misdemeanor, depending upon whether the victim was seriously injured. The crime of inflicting corporal injury on a family member is much more serious.
These charges tend to apply when the victim’s injuries are serious. However, the consequences of any domestic violence conviction can be far-reaching. If you’ve been accused of abusing a family or household member, call Blair Defense Criminal Lawyers to schedule a free case evaluation immediately. We’re ready to start building the effective legal defense you deserve today.
Sexual battery charges may apply if you’re accused of touching another person’s intimate parts without consent. To convict, prosecutors must prove that the touching was for the purpose of sexual gratification, sexual arousal, or sexual abuse. The touching can be direct or through the clothing.
Sexual battery can be a felony or a misdemeanor offense.
What are the Penalties for Battery in San Diego, California?
Simple battery is usually a misdemeanor. Penalties for simple battery include:
- Up to six months in county jail
- A financial penalty of up to $2,000
- Both a fine and imprisonment
However, remember that simple battery charges may apply even if the victim wasn’t hurt. The potential penalties become much more serious if the battered person is physically injured. If the victim is seriously injured or is a peace officer, you can be charged with felony-level battery.
For felony-level battery charges, it’s possible that you could be sentenced to:
- One year in county jail
- Two, three, or four years in prison
If the battery caused serious bodily injury, your prison sentence could be increased by three to six years.
If you were convicted of domestic battery, the punishments may include:
- Up to $2,000 in financial penalties
- Up to one year in county jail
- Participation in a batterer’s treatment program or other court-ordered counseling
- Up to $5,000 in payments to a battered women’s shelter
- Reimbursing the victim for any medical expenses, counseling or other expenses
- Up to four years in prison for felony charges if the battery caused the victim to suffer corporal injury
You could also be subject to a restraining order. Restraining orders can restrict your ability to contact the victim, impact child custody proceedings and even require you to move out of your home.
Collateral Consequences of a Battery Conviction
Battery is a violent crime. If convicted, you could face consequences that extend well beyond jail time and financial penalties.
Possible collateral consequences of a criminal conviction for battery include:
- Difficulty finding employment or housing
- Immigration problems
- Damage to your reputation
- Negative family law consequences, including loss of child custody or visitation rights
- A lasting criminal record
Our lawyers in San Diego will do everything possible to minimize the impact of the charges you’re facing. Call for a free initial consultation today to learn more about how we can help fight the charges.
What Defenses Can Be Raised if I’m Accused of Battery in San Diego?
The penalties discussed above are those that courts can legally impose. An allegation doesn’t automatically mean that you’ll be sentenced to the maximum term. With a strong legal defense, it may be possible to have your charges reduced or your case dismissed.
Battery is a “wobbler” in California. That means either felony or misdemeanor charges can apply, depending on the circumstances. Your defense attorney can work to minimize the severity of your charges.
At Blair Defense Criminal Lawyers, we’ll explore every available defense. Depending on the facts, your defense strategy may include:
- You acted in self-defense or defense of others
- The contact was not intentional or willful
- The contact was not harmful or offensive
- False accusations
- Alibi or mistaken identity (you were innocent of the crime)
- The victim did not suffer serious bodily injuries
- Constitutional violations
Prosecutors will start to gather evidence to prove you’re guilty immediately after you’re charged with assault and battery. You deserve an experienced defense lawyer who will do the same for you. Our team at Blair Defense Criminal Lawyers is here to protect you. Just call to create an attorney client relationship today.
Schedule a Free Consultation With a San Diego Battery Defense Attorney
An aggressive defense is the only way to beat the charges you’re facing. At Blair Defense Criminal Lawyers, we know how much is at stake. We’ll put the full force of our defense experience behind you. Call to schedule a free consultation with a San Diego battery defense attorney today.
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