If you or a loved one has been accused of battery or aggravated battery in Southern California, you probably have a lot of questions. Here is some basic info about what you could face in court, and how to fight the charges. But the best way to get answers about the details of your particular case is to speak with an experienced criminal defense attorney, Dan E. Chambers. Call the Chambers Law Firm today!
What is a battery?
Under California law, you have committed the crime of battery when you willfully touch someone else in a harmful or offensive way. It doesn’t matter that you never intended to really hurt anybody. The key factor is whether you voluntarily moved to touch them in some way, not how much damage you meant to do.
What is the difference between battery and an aggravated battery?
When the alleged victim claims that they received a “serious bodily injury,” your crime escalates from a simple battery to an aggravated battery. There’s no hard and fast rule in California about what qualifies as a “serious bodily injury.” Some examples of what might qualify include broken bones, concussions, stab wounds or other injuries that require stitches, organ dysfunction, and disfigurement.
Defenses
If you are charged with aggravated battery, an experienced attorney can spot ways to help you fight your case or even have all charges dropped. Three ways to beat an aggravated battery charge include:
- Mistaken identity – the witness identified the wrong person or the police caught the wrong person,
- You were acting in self defense or you stepped in to defend others, or
- What happened was an accident beyond your control.
Or, if your attorney can argue that the injury was not as serious as the alleged victim claims, you can at least get the charge dropped down from aggravated to simple battery.
Sentencing
Having a top criminal defense attorney makes a huge difference when you are sentenced, too. Aggravated battery can be either a felony or misdemeanor offense. It can depend on a wide range of factors, such as the victim’s injury or your own criminal record.
For a misdemeanor, you would only serve up to a year in county jail, but for a felony, it could mean up to four years in state prison. But that’s not all. For either a felony or a misdemeanor, you could also have a variety of other consequences, including fines, anger management classes and counseling, protective orders, having your weapons confiscated and destroyed, or even being banned from owning firearms.
There’s a lot at stake—so don’t hesitate to call and ask for help!
With Dan E. Chambers as your battery defense attorney, you can rest assured that your case will receive the very best attention. Contact the Chambers Law Firm today by calling 714-760-4088, emailing dchambers@clfca.com, or sending an online message via the Chat box at the bottom right of this page.
