Battery is defined as a willful and unlawful use of force or violence upon the person of another. An example of a simple battery is when a person punches another person on his jaw and makes contact. You do not have to cause any injury to be guilty of a battery. An offensive touching or contact may constitute a battery. For example, a person may be charged with a battery for spitting on someone's face. In many instances, a criminal complaint will charge both an assault (sometimes referred to as an attempted battery) and a battery (sometimes referred to as a completed assault).
A simple battery is a misdemeanor and is punishable by a maximum of six months in the county jail and/or up to a $2,000 fine. If the battery is committed on certain individuals, such as police officers or firefighters while they are engaged in the performance of their duties; or if there is serious injury to the victim, the maximum punishment increases to a year in jail if charged as a misdemeanor. The case may also be filed as a felony which is punishable by being sentenced to state prison. The length of the prison sentence will depend on certain factors such as seriousness of the injury or any prior criminal history. A battery causing serious bodily injury which is charged as a felony is considered a "strike" in California under the Three Strikes Law.
In most battery cases, the key prosecution evidence consists of statements from the alleged victim and other eyewitnesses. The ability to effectively cross-examine these witnesses regarding their perception and recollection of the incident as well as any possible motives or biases which may affect their credibility is crucial to a successful defense of the case. In some cases the issue of self-defense may come into play as a viable defense.
If you have been charged with the crime of battery, make sure you have an attorney on your side who has the skills and the experience needed to give you the best possible defense. Having been a former prosecutor for over 7 years and having tried over 50 criminal jury trials, Christian Kim has the ability to evaluate a case from all sides and possesses the trial skills needed to provide you with an excellent defense.
Call us or contact us online and schedule your free initial consultation to talk to our attorney about your case.