To some, it might seem like battery is not a serious crime. The truth is that in California, battery can be charged as a felony that can result in years in prison. Keep reading to learn more about the potential consequences for a battery conviction and then contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation from an experienced criminal defense attorney.
Battery Must Be Considered “Aggravated” to Be Charged as a Felony
Battery is generally a wobbler offense, which means that the prosecution can decide if they want to charge it as a felony or a misdemeanor. In most jurisdictions, battery is considered a felony if it is aggravated battery. This means that they committed battery under aggravating factors, such as with a firearm or causing great injury to the victim.
Simple Battery is a Misdemeanor Offense
Simple battery is generally known as wrongfully and intentionally having physical contact with someone who does not consent to that physical contact. If that is the extent of the battery, and there was no significant injury or other aggravating factors, then it would likely be charged as a misdemeanor. This important because a misdemeanor conviction can lead to up to one year in county jail while a felony conviction can lead to up to five years in state prison.
Examples of Battery
Some examples of battery include a person pushing someone out of their way while in the grocery store, a person throwing a bottle at someone and hitting that person in the back, or a server at a restaurant spitting on a customer that was acting rudely or disrespectfully.
What the State Considers Serious Bodily Injury
If committing “serious bodily injury” against someone is cause for them to be charged with a felony, you might wonder what the state considers “serious bodily injury.” This can include physical injuries such as knocking the victim out, breaking their bones, causing a concussion, causing the loss or impairment of the function of any organ or body part, causing wounds that required stitches, or disfiguring someone.
Potential Defense Options Against Charges of Battery
If you are charged with defense, there are many defense options your criminal defense attorney might pursue. We might show that you did not commit battery at all, that you did but only in defense of you or someone else, or that you did not intend to do so. If there is a wealth of evidence against you and you are charged with a felony, we might negotiate to get the charge reduced to a misdemeanor.
Your best bet is to talk to a criminal defense attorney who can find the best way forward for you. Contact Chambers Law Firm at 714-760-4088 today for a free legal consultation.
