Battery occurs when an individual intentionally tries to harm someone else. In this instance, a victim must be able to prove an individual performed an act of battery. The victim must also be able to show that the act was intentional and caused harm.
Proving the elements of battery in a legal case can be challenging. At Simmrin Law Group, we can put you in touch with Michael Simmrin, a trial lawyer who can teach you about the elements of battery. We can also answer common questions about a battery case and the legal ramifications associated with it.
What Types of Acts Are Considered Battery?
Battery is considered a criminal act. It involves unlawful touching, aka physical contact. To understand a battery charge, it helps to consider an example.
An individual can hit someone with a rock. In this instance, the individual may be found guilty of battery if it is discovered that their action was done with malicious intent. However, if the individual inadvertently hits someone else with a rock, the incident may be classified as an accident.
For those who face a battery charge in court, partnering with an experienced trial attorney is paramount. The attorney can review the factors surrounding the charge. From here, the lawyer can help the client determine the best course of action to defend against the charge.
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How Is Battery Defined in California?
California Penal Code Section 242 PC states that battery is any act in which one person makes contact with another in a harmful or offensive manner. If this occurs, an individual does not have to cause bodily harm. Rather, an individual only has to make harmful or offensive contact.
Penal Code 242 classifies simple battery, which takes place when an act does not cause serious harm and does not involve a law enforcement officer. For more serious battery offenses, an individual may be charged in accordance with California Penal Code Section 243(d). Violating this statute can result in up to six months of jail time or fines up to $2,000.
A top-notch California criminal defense attorney can explain all aspects of battery law. The attorney can explain battery and what happens when someone is found guilty of it in California. Also, the lawyer can teach an individual about the relationship between assault and battery.
Is Battery the Same Thing as Assault?
A person can be charged with assault and battery. Yet assault and battery are two different offenses. A clear understanding of assault and battery is crucial, particularly when it comes to defending against them.
With assault, a person engages in an act in which someone else may receive battery. In this instance, the individual who performs the act is assaulting someone else. This individual has issued a threat against someone else that could ultimately lead to a battery.
Comparatively, battery occurs when one individual causes bodily harm to another. Battery becomes a criminal offense when it is found that an individual intentionally inflicts harm on someone else. If this happens, an individual can face a fine or jail time.
What Happens If a Person Goes to Trial for Battery?
In a battery trial, a plaintiff must prove that the defendant intentionally tries to cause bodily harm. This may require the plaintiff to gather evidence and collect witness testimony. The plaintiff may also hire an attorney to present their case in court.
Those who face a battery charge must plan accordingly. It helps to consult with a criminal defense attorney who can review a battery charge in detail. The attorney can offer tips, recommendations, and insights on how a defendant can prepare for court.
The best criminal defense attorney commits the time, energy, and resources to help their client in any way possible. This attorney can respond to their client’s concerns and questions about battery charges. In addition, the lawyer ensures that their client knows exactly what to expect during a battery trial.
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What Are the Short-Term Consequences of Getting Charged with Battery?
In California, an individual who is charged with battery can be put in jail and fined. Once this individual serves their jail sentence or pays their fine, the battery charge can stay on their record. This can have far-flung effects on a person’s ability to move past their charge.
Following a battery conviction, an individual can receive placement on misdemeanor summary probation. This can stay in effect for three to five years. The probation has specific terms that must be followed; otherwise, failure to do so can result in future legal problems.
A battery conviction can impact an individual’s career, too. For example, a person can lose their professional license based on a battery charge. There is a risk that an employer will dismiss a worker or choose not to hire someone based on a prior charge or battery.
What Is the Best Way to Defend Against a Battery Charge?
It is important to take a battery charge seriously. With the right approach to a battery charge, an individual can determine the optimal steps to defend against it. Plus, this individual can get the legal help needed to get their charge reduced or dismissed.
Finding a criminal defense attorney to represent an individual facing a battery charge is key. The lawyer will learn about the individual and what needs to be done to present a strong case in court. Then, the lawyer and their attorney can develop a legal strategy that delivers the best possible results.
A battery case can quickly become complicated. Regardless, a criminal defense lawyer and their client must work together to achieve a common goal. The attorney will do their part to help their client and ensure this individual gets comprehensive legal help at each stage of their litigation.
Why Should You Hire a Criminal Defense Attorney for a Battery Case?
A criminal defense attorney offers legal expertise with battery cases. The lawyer can help their client plan for their court date. That way, the client can feel confident in their ability to present their case in a battery trial.
It is helpful to consider a criminal defense attorney with many years of battery case experience. The attorney knows how to plan ahead for a battery case court date. This lawyer can share their battery case knowledge and insights with clients.
A criminal defense lawyer helps their client establish realistic expectations for a battery case. The attorney ensures the client understands the legal process. This lawyer helps their client avoid legal roadblocks as well.
Who Should You Hire to Represent You in a California Battery Case?
Simmrin Law Group offers extensive battery case experience. We can meet with you, learn about your battery case, and provide legal help with it. For more information or to request a free case evaluation, contact us online or call us today.