Battery Lawyer in Orange County
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Battery is defined as a willful and unlawful use of force or violence upon a person. You do not have to cause any injury to be guilty of a battery. An instance of offensive touching or contact, such as spitting on someone's face, may constitute battery. These charges are serious and require careful planning and preparation. Get help from an experienced Orange County criminal defense lawyer by calling the Law Offices of Christian Kim today.
The Consequences of a Battery Conviction
A simple battery is a misdemeanor and is punishable by a maximum of 6 months in the county jail and/or up to a $2,000 fine. 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).
If the battery is committed on certain individuals, the maximum punishment increases to a year in jail if charged as a misdemeanor.
These individuals include:
- Police officers
- Firefighters while they are engaged in the performance of their duties
- Victims of serious injury
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.
How to Fight the Charges
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 seven years and having tried over 50 criminal jury trials, Attorney 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 (714) 576-2935 and schedule your free initial consultation.
Attorney Christian Kim is committed to using his extensive experience as a former prosecutor and as a Santa Ana criminal defense attorney to aggressively and competently defend the rights of those accused of wrongdoing.
Mr. Kim believes that anything less than complete honesty is a disservice to his clients. You deserve complete and frank communication from your attorney in order to make informed decisions in your case.
Maintaining the highest level of professionalism with all of his clients is a priority for Mr. Kim. Each client is treated respectfully and courteously and all phone calls are returned promptly.
After more than 7 years serving the Orange County area as a prosecutor and now 12 years as a criminal defense attorney, Christian Kim has experience on both sides. His unique history gives him the one-of-a-kind perspective that your case needs.