Battery Lawyer in Orange County
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 should not 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.
Assault and Battery Charges in California
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.
Battery charges 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
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.
Aggravated battery
An aggravated battery may be charged as a felony or misdemeanor (this is known as a “wobbler”) and is defined under Penal Code § 243(d).
This type of battery requires that bodily injury be a result of the actions of the accused, unlike a simple battery.
If you touch or strike another person in a harmful or offensive manner and serious injury results, you may be charged with aggravated battery. To be found guilty, the prosecution must provide evidence of serious bodily injury.
Domestic battery
Another form of battery is domestic battery.
Under Penal Code § 243(e)(1), this crime involves the willful and unlawful use of force or violence against an intimate partner, including a spouse, ex-spouse, a fiancé, dating partner, or a co-parent.
It is always treated as a misdemeanor offense by the California justice system. However, most law enforcement agencies initially arrest suspects for Felony domestic violence charges under Penal Code § 273.5(a).
Sexual battery
The crime of sexual battery is outlined by Penal Code § 243.4:
“Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.”
Sexual battery is a “wobbler” offense in California, meaning that it may be treated as a misdemeanor or felony offense by the justice system, depending on the circumstances.
Battery on a peace officer
Battery on a peace officer is outlined under Penal Code § 243(b) and § 243(c)(2).
Under this legislation, if you are found guilty of willful and unlawful use of force or violence against a peace officer while he or she is performing their duties, you can be charged with battery on a peace officer.
Peace officers include police officers, lifeguards, search and rescue, firefighters, EMTs or ER doctors and nurses, and so on.
Most cases are misdemeanors but in the case of injury caused to the peace officer, it is more likely to be charged and classified as a felony.
Any Charge of Battery in California is Serious
Whichever type of battery you have been accused of has serious consequences. However, the burden of proving each element of the charge rests squarely on the prosecution.
The attorneys at The Law Offices of Bryan R. Kazarian are experienced at countering the prosecution’s arguments and presenting a strong defense.
What happens if you are charged with battery in Orange County?
Following are the penalties associated with convictions for battery in Orange County:
Simple battery (misdemeanor) |
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Simple battery (misdemeanor) |
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Aggravated battery (misdemeanor) |
Aggravated battery (felony) |
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Aggravated battery (misdemeanor) |
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Aggravated battery (felony) |
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Domestic battery (misdemeanor) |
Sexual battery (misdemeanor) |
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Domestic battery (misdemeanor) |
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Sexual battery (misdemeanor) |
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Battery on a peace officer (misdemeanor) |
Battery on a peace officer (felony) |
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Battery on a peace officer (misdemeanor) |
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Battery on a peace officer (felony) |
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Defending simple and aggravated battery charges
A battery lawyer from The Law Offices of Bryan R. Kazarian will investigate the full circumstances surrounding your case before deciding on the best possible defense.
Common legal defenses for simple and aggravated battery charges include:
Self-defense/ Defense of others
You may not be found guilty of battery if you used force against another person in lawful self-defense or defense of another person. This can be a strong defense if you:
- Reasonably believed that you or someone else was in imminent danger of suffering bodily injury or being touched unlawfully, and
- You believed that the immediate use of force was necessary to defend against that danger (e.g., someone pointed a loaded gun at you), and
- You used no more force than was reasonably necessary to defend against that danger.
Mistake of fact
You cannot be found guilty of simple or aggravated battery if you did not have the intent or mental state required to commit the crime.
If you did not know a fact or reasonably and mistakenly believed a fact that resulted in you using force against another person, it can be argued that your actions would have been lawful under the facts as you reasonably believed them to be.
False accusations of battery are common. To be found guilty under Penal Code §242 the prosecution must prove every element beyond a reasonable doubt.
This can be extremely challenging and it is made even more so with an experienced battery lawyer defending your rights.
Been charged with Battery in Orange County?
If you or a loved one have been charged with a battery-related crime, your best defense is for an attorney from The Law Offices of Bryan R. Kazarian to fight for your rights and to defend your freedom. Contact us for a case evaluation.
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