A battery charge in Orange County carries severe consequences, including the possibility of jail time and substantial fines.
People make honest mistakes which may lead to a wrong decision in difficult circumstances or the “heat of the moment”. Wrongful accusations of battery are also common.
Defending a battery offense is, therefore, essential for your immediate and long-term future.
At The Law Offices of Bryan R. Kazarian, we believe that you shouldn’t pay for a single moment of poor judgment for the rest of your life.
Even if the evidence against you is overwhelming, our experienced Orange County battery lawyers are ready to defend you. We will defend you and attempt to mitigate the consequences you face.
The terms “assault” and “battery” are frequently used interchangeably or together as “assault and battery”. In California, however, the crimes are related but separate and distinct.
Battery occurs when someone inflicts harmful or offensive contact on a victim. With assault, however, a victim only needs to be put in reasonable apprehension of harmful or offensive contact.
One may only be charged with battery if physical contact is alleged to have occurred. With assault, however, verbal threats or physical gestures can be enough to initiate a charge.
An assault may result in a battery (if not prevented) or be regarded as an attempted battery that was never completed.
This is the most basic difference between assault and battery in California.
In its most basic form, battery is the willful and unlawful use of force or violence upon another person.
However, there are several forms of battery in California and the consequences associated with each are very different.
Most battery charges are treated as misdemeanor offenses however, in more serious cases, a felony charge may result.
Simple Battery under California Penal Code § 242 is defined as:
“Any willful and unlawful use of force or violence upon the person of another.”
It is a misdemeanor offense that can result in jail time and fines (see penalties below).
To achieve a conviction for simple battery, the prosecution must show that there was harmful or offensive contact on the alleged victim. No personal injury or bodily harm is necessary.