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.
Have you been charged with battery? If so, you need the representation that only a criminal law specialist can provide. Contact Gasner Criminal Law today by calling us at 415-782-6000 to discuss your case.
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.
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.
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.
There are several defenses that may work against battery charges, including proving that you were acting in self-defense or in defense of another person. Accident defense can also be brought to bear if the contact was unintentional.
At Gasner Criminal Law, we have years of experience in representing clients accused of battery, assault, and assault and battery. In addition, Adam Gasner is one of just a few hundred attorneys in California to have earned the distinction of being named a Board-Certified Criminal Law Specialist.
If you are facing battery charges, there is no time to waste. Contact us at Gasner Criminal Law to schedule your free 60-minute consultation today. You can reach us at 415-782-6000 or by using the form on our contact page.