Is Battery a Felony Charge in California? It Can Be – Get the Facts from an Attorney Today

Is Battery a Felony Charge in California? It Can Be – Get the Facts from an Attorney Today

A charge of battery can be a felon or a misdemeanor. The way it is charged will depend on the circumstances of the case, the severity of the victim’s injuries, and the defendant’s prior criminal history. In most cases, if battery is considered “aggravated battery” then it will be charged as a felony. Keep reading to learn more and contact Chambers Law Firm at 714-760-4088 for a free legal consultation if you are facing criminal charges in Southern California.

What is aggravated battery?

If each of the following is true beyond a reasonable doubt, the defendant is guilty of aggravated battery:

  1. The defendant assaulted the victim
  2. There were certain aggravating factors in the crime’s commission

Examples of aggravating circumstances for the defendant include the defendant being significantly older or stronger than the alleged victim, causing the victim to sustain permanent disfigurement, committing the battery with the intent to severely injure the victim, using a deadly weapon in the commission of the crime, committing the battery in a domestic violence situation, committing the battery against a police officer or law enforcement agent, or the defendant having a criminal history.

Simple battery is generally charged as a misdemeanor

Simple battery is generally regarded as a minor offense and charged as a misdemeanor. In order to effectively convict a person of misdemeanor battery, the prosecution must show that, without that person’s permission, the defendant knowingly and wrongfully made physical contact with another person.

The crucial element of the offense is that the offender made offensive physical contact or touched the victim in some way. Examples of circumstances in which battery charges may be brought include a waitress spitting on a restaurant patron who has been disrespecting her, a lady shoving a man out of the way at a department shop, or a man tossing a rock at another man and hitting him in the back.

Is battery the same as assault?

No. Battery and assault are two similar but different offenses. To effectively convict a defendant of assault, the prosecution must establish that the accused intentionally attempted or threatened to harm another person, and they did so with the ability to appear to be able to carry out their threat or attempt.

In light of the foregoing, the primary distinction between assault and battery is that battery is the real application of force or violence to another person, whereas assault refers to an action that could cause physical harm or unwelcome touching to another person.

If you have been charged with battery then you need an experienced criminal defense attorney. You can reach Chambers Law Firm at 714-760-4088 to request a free legal consultation.

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