Battery Lawyer in Santa Ana
Criminal Defense Attorney in Santa Ana
There is much confusion surrounding the offense known as battery. Often coupled with assault for a charge of "assault & battery," this offense implies bodily injury against a victim but often does not require that any injury was sustained. In fact, all that is required for a charge of battery is that some unsolicited and unwanted contact was made with the victim "using violent force," a phrase that is highly open to interpretation by the court. Even if the person is not injured, you could still face battery charges. All that is required is that you made some type of unwanted or forced physical contact with another person. If the offense alleged to be sexual in nature, you could be charged with
sexual battery. If the offense is allegedly committed against a family member, spouse, or person you live with, you could be facing domestic violence charges.
The distinction between assault and battery comes down to the completion of the attempted crime. Assault is considered a threat or attempt of using violent force against the alleged victim. Battery is thought of the actual use to violent force on the alleged victim. For this reason, assault is alternatively thought of as an attempted battery. Likewise, battery is thought of as completed assault. Therefore, the way law enforcement sees it, you cannot have a crime of battery without the lesser offense of assault but you may have assault without the offense of battery if the act was not completed. This is why the two are coupled together when an act of battery is suspected. In California, person who is being charged with criminal battery will be tried for the two crimes of "assault and battery" and convicted of both crimes but, because assault is a "necessary included offense" of battery, the suspect will only be sentenced for one crime – the crime of battery.
Fight back with a Santa Ana battery attorney!
Depending on whether a weapon is used, if the victim is injured, and the prior criminal record of the accused, battery may be charged as a misdemeanor or felony offense. Battery can lead to a "strike" and have permanent repercussions for those who have prior convictions on violent crimes. The specific penalties that may be imposed will vary, but following is a basic outline of the potential sentencing for battery in California:
- Misdemeanor Battery: Penalties can include up to 6 months in county jail, a fine of up to $2,000, community service and probation for up to 3 years.
- Felony Battery: Penalties can include up to 4 years in prison, formal probation with required meetings with a probation officer, heavy fines and court fees and other penalties.
Your Santa Ana criminal defense attorney must get involved at once if you are accused of committing battery. It is easy to be steamrollered in the criminal justice system if you do not have quality legal representation that is willing to fight for you. Thankfully, you do not have to worry about this if you secure a Santa Ana criminal lawyer from Thomas Tears, Attorney at Law!
For your confidential consultation, contact a Santa Ana battery attorney
at firm. We have 30 years of experience and an impressive record of success in court.