Battery Defense Lawyer
Often, you hear the term "battery" used in conjunction with assault. For instance, someone who attacked another person might be charged with assault and battery. This makes it sound like a single charge, but the truth is that they are separate charges. Battery can be either a misdemeanor or a felony depending on the situation, and it can carry with it very serious consequences.
What Is Battery?
Battery is actually very simple to define – it is intentional and unlawful physical contact with another person. It does not need to be a punch or kick, either. A simple hand on a shoulder can constitute battery in some situations. Any form of physical contact, whether on bare skin or through clothing, can be considered battery.
Does Battery Always Include Assault?
No, battery does not always include assault, but it often does. In the same vein, you can be charged with assault but not battery. For instance, if someone were to take a swing at another person but miss, they could be charged with assault because the swing made the other person apprehensive of harmful physical contact. However, because the swing missed, the person could not be charged with battery, assuming that the altercation ended there.
What Can Be Considered "Battery" in a Court of Law?
Almost any form of unwanted physical contact can be considered battery. The key is in how the physical contact was made. If it was made in a rude, angry, or violent manner, it can definitely be considered battery. The other person does not need to suffer any form of injury or even discomfort from the contact for battery to be applicable. For instance, two people are having a conversation. The first person breaks it off, and turns to go. The second person reaches out and grabs the first person's wrist, holding them there against their will in order to finish speaking. This could be considered battery because the contact was unwanted.
Types of Battery Charges in California
Not all battery charges are treated equally under California law. The circumstances surrounding the incident determine how prosecutors will charge you and what penalties you may face.
Simple Battery (Penal Code 242)
This is the most basic form of battery – any willful and unlawful use of force or violence on another person. It does not require visible injury. A shove during an argument or grabbing someone's arm can qualify. Simple battery is typically charged as a misdemeanor.
Battery Causing Serious Bodily Injury (Penal Code 243(d))
When battery results in serious physical harm – broken bones, concussions, wounds requiring stitches – prosecutors can elevate the charge. This "wobbler" offense can be filed as either a misdemeanor or felony, depending on the severity of injuries and your criminal history.
Domestic Battery (Penal Code 243(e)(1))
Battery against a spouse, cohabitant, dating partner, or co-parent carries specific penalties and consequences. Even without visible injury, domestic battery convictions trigger mandatory counseling programs and can affect child custody proceedings.
Battery on a Peace Officer (Penal Code 243(b))
Striking or making offensive contact with police officers, firefighters, EMTs, or other protected professionals results in enhanced penalties. Prosecutors pursue these cases aggressively, and the consequences are significantly more severe than standard battery charges.
Penalties You May Be Facing
Understanding what you are up against helps you make informed decisions about your defense. Here is what California law allows for battery convictions:
Misdemeanor Battery
- Up to 6 months in county jail
- Fines up to $2,000
- Informal probation
- Anger management or counseling programs
Felony Battery
- 2, 3, or 4 years in state prison
- Fines up to $10,000
- Formal probation with strict conditions
- Strike on your record under California's Three Strikes law (for serious felonies)
Beyond the Courtroom
A battery conviction affects more than your freedom. It creates a criminal record visible to employers, landlords, and licensing boards. Professional licenses can be revoked. Immigration status can be jeopardized. Child custody arrangements may be modified. These collateral consequences often outlast any jail sentence.
How Do You Defend Against Battery Charges?
Battery charges carry serious consequences, including jail time, fines, and a criminal record. However, a strong defense can make a significant difference in your case. In Seven possible defenses for battery charges, I share my criminal defense expertise in this area. I wrote it to provide an accurate layman's guide. Read it if you wish to learn more about this criminal defense practice area.
Common Defense Strategies
Every battery case has unique facts, but certain defenses apply across many situations. An experienced battery lawyer will examine the evidence to identify which strategies give you the strongest position.
Self-Defense
You have the right to protect yourself from imminent harm. If you reasonably believed you were about to be attacked and used proportional force to defend yourself, this can be a complete defense to battery charges. The key questions: Was the threat real? Was your response proportional?
Defense of Others
The same principle applies when protecting someone else from harm. If you stepped in to protect a friend, family member, or even a stranger from an attacker, your actions may be legally justified.
Lack of Intent
Battery requires willful conduct. Accidental contact – bumping into someone in a crowd, reflexive movements, or contact during sports activities – does not meet the legal definition. If prosecutors cannot prove you intended to make contact, the charge fails.
False Accusations
Unfortunately, people sometimes fabricate or exaggerate battery claims. Bitter custody disputes, workplace conflicts, and relationship breakdowns can motivate false reports. Witness statements, surveillance footage, and inconsistencies in the accuser's story can expose these situations.
Consent
In certain contexts, physical contact is expected and consented to. Contact sports, martial arts training, and some social situations involve implicit consent to touching that might otherwise constitute battery.
Why Your Choice of Attorney Matters
Battery cases often come down to credibility and evidence interpretation. The same facts can look very different depending on how they are presented. An experienced criminal defense attorney knows how to:
- Challenge witness credibility and expose inconsistencies
- Obtain and analyze surveillance footage, medical records, and physical evidence
- Negotiate with prosecutors for reduced charges or case dismissal
- Present your side of the story persuasively to judges and juries
- Protect your rights throughout the process
Frequently Asked Questions
Can I be charged with battery if I did not injure anyone?
Yes. California law does not require injury for a battery charge. Any offensive or harmful touching – even through clothing – can constitute battery if done willfully and unlawfully.
What is the difference between assault and battery?
Assault is the attempt or threat to use force. Battery is the actual physical contact. You can commit assault without battery (swinging and missing) or battery without assault (unexpected contact from behind).
Will a battery conviction affect my job?
It can. Many employers conduct background checks, and a battery conviction may disqualify you from positions involving trust, security clearances, or professional licensing. Certain fields – healthcare, education, law enforcement – have strict policies regarding violent offense convictions.
Can battery charges be dropped?
Yes, but only the prosecutor can dismiss charges – not the alleged victim. However, if the victim becomes uncooperative or evidence problems emerge, prosecutors may agree to drop or reduce charges. Strong defense investigation often uncovers these opportunities.
Should I talk to the police about what happened?
No. Exercise your right to remain silent and request an attorney immediately. Even innocent explanations can be twisted or taken out of context. Let your lawyer handle communications with law enforcement.
Take Action Now
If you are facing battery charges in San Francisco or the Bay Area, time matters. Evidence disappears, witnesses forget details, and prosecutors build their case while you wait. Contact my office for a free consultation to discuss your situation and explore your defense options.