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Battery charges in San Diego are distinct from assault charges, though the two are often confused. While assault involves the threat of harmful contact, battery is the actual, unlawful physical contact itself. This distinction could significantly impact the nature of the charges you face and the potential consequences.
At David P. Shapiro Criminal Defense Attorneys, we have extensive experience defending clients against battery charges in San Diego. We understand the nuances of these cases and how to build effective defense strategies.
Whether you’re facing misdemeanor or felony battery charges, we’re prepared to protect your rights and fight for the most favorable outcome. Don’t let a battery charge jeopardize your future – contact us today to discuss your case and explore your legal options.
In California, battery is defined under Penal Code Section 242 as the willful and unlawful use of force or violence upon another person.
To secure a battery conviction, prosecutors must prove that you “intentionally touched” someone in a “harmful or offensive” way without their consent.
It’s important to note that battery is different from assault. Assault is an attempted battery or the threat of battery, while battery involves actual physical contact.
In some cases, the state may charge you with both assault and battery.
The penalties for a battery conviction depend on the circumstances of the case and whether the state charges you with a misdemeanor or a felony.
Misdemeanor battery convictions could potentially result in up to six months in county jail and a $2,000 fine, while a felony conviction can lead to up to four years in state prison and a $10,000 fine.
At David P. Shapiro Criminal Defense Attorneys, we have experience handling a wide range of battery cases, including:
No matter the battery charge you face, we’ll build a strong defense and protect your rights.
You may assert several defenses when facing battery charges. Availability depends on the specific facts of your case.
Some common defenses include:
We will carefully analyze the evidence in your case, including police reports, witness statements, and medical records, to identify the best defense option for you.
We’ll also conduct our own investigation to uncover any evidence that may help your case.
A battery conviction usually carries serious consequences that go beyond criminal penalties.
Some of the potential impacts could include:
That’s why it’s so important to have an experienced battery defense attorney who can help you avoid a conviction or reduce charges whenever possible.
When you work with our criminal defense law firm, you’ll get a dedicated advocate who will fight for your constitutional rights and freedom at every stage of the legal process.
Some of the ways we can help include:
When facing battery charges, it’s important to understand the following considerations that can impact your case.
In addition to criminal penalties, a battery conviction may also lead to civil liability. This means the alleged victim could sue you for damages, such as medical expenses, lost wages, and pain and suffering.
In some cases, the court may issue a restraining order against you as part of the criminal case. This document restricts your ability to contact the alleged victim and may impact your living situation, employment, or child custody arrangements.
In many cases, it may be possible to resolve your case through a plea bargain, where you agree to plead guilty to a lesser charge in exchange for a reduced sentence. However, having your attorney review any plea offer is important to ensure it’s in your best interests.
If you are convicted of battery, the sentence you receive will depend on several factors, such as the severity of the offense, your criminal history, and any aggravating or mitigating circumstances.
An experienced attorney argues for a lenient sentence and presents evidence of mitigating factors, such as remorse, substance abuse issues, or mental health challenges.
If you’re facing battery charges in San Diego County, don’t wait to get the legal help you need.
Look for an attorney with:
At David P. Shapiro Criminal Defense Attorneys, we offer all of this and more. We understand what’s at stake when you’re facing battery charges, and we’ll protect your rights while achieving the most favorable case outcome.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
The first thing you should do after a battery arrest is contact an experienced San Diego criminal defense lawyer. Also, avoid discussing the case with anyone except your battery lawyer, and don’t post about it on social media.
The possibility of jail time depends on the specific circumstances of your case and whether you have any prior convictions. Other factors prosecutors and judges consider is the extent of any injuries, and whether the alleged victim is particularly vulnerable (like a child or an elderly person). Sometimes, avoiding jail through a plea bargain or presenting mitigating evidence at sentencing may be possible.
If you acted in your own defense or the defense of others against an aggressor, this option becomes a valid defense against battery charges. However, you’ll need to show that you used reasonable force. Your battery attorney can discuss these options with you to explain why self-defense may (or may not) be the best defense for your case.
The timeline for resolving a battery case varies depending on the case’s complexity and whether it goes to trial. You may resolve misdemeanor battery within a few months, while felony cases can take a year or more.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
