Charged with battery charges in Fresno? Contact an experienced criminal lawyer to defend your case in court.
Experienced Battery Defense

Defend Criminal Battery Allegations

Being charged with criminal battery is a serious matter with significant consequences. Having a skilled criminal attorney is essential to protect your rights and maximize your chances of securing a favorable outcome.

Experienced Battery Defense

Defend Criminal Battery Allegations

Being charged with criminal battery is a serious matter with significant consequences. Having a skilled criminal attorney is essential to protect your rights and maximize your chances of securing a favorable outcome.

Charged with battery charges in Fresno? Contact an experienced criminal lawyer to defend your case in court.
Experienced Battery Defense

Battery Charges

Being charged with criminal battery is a serious matter with significant consequences. Having a skilled criminal attorney is essential to protect your rights and maximize your chances of securing a favorable outcome.

Understanding Criminal Battery Charges

Facing a criminal battery charge in Fresno can be an overwhelming and life-altering experience. Whether the allegation is a misdemeanor or a felony, the potential consequences can dramatically affect your freedom, livelihood, and reputation.

If you are dealing with a criminal battery case, hiring an experienced battery lawyer is vital to protect your rights and develop a strong defense. Our criminal layer will stand by your side, helping you understand your options and fight to achieve the best possible outcome.

What is Criminal Battery?

Under California Penal Code Section 242, criminal battery is defined as the willful and unlawful use of force or violence on another person. Unlike assault, which involves an attempt to cause harm, battery requires actual physical contact, no matter how minor. This contact does not need to cause any physical injury; even touching someone against their will can result in a battery charge.

It is important to note that intent to harm is not required to be convicted of battery. Even if you did not intend to cause injury or believed your actions were minor, you can still face charges if your actions were deemed unlawful and unwanted. The degree of harm, the circumstances surrounding the incident, and the relationship between the parties involved all contribute to how the case will be charged and prosecuted.

How Is Battery Different From Assault?

Criminal battery and assault, while often discussed together, have distinct legal definitions and implications. Assault, as defined under Penal Code Section 240, is an unlawful attempt, coupled with the present ability, to inflict injury on someone else. This means that for an act to qualify as an assault, no physical contact is required. For example, if someone raises a hand as if to strike another person but does not actually follow through, it could still meet the legal threshold for assault if the person being targeted reasonably perceives an immediate threat of harm.

Battery, on the other hand, requires actual physical contact and involves the willful and unlawful use of force or violence against another individual. Under Penal Code Section 242, such contact does not need to result in significant injury to qualify as battery; even unwanted or disrespectful touching can be sufficient. For instance, slapping someone, shoving them, or intentionally spilling a drink on them could all be considered battery. The legal implications of these offenses vary, with assault often being treated as an attempt to commit harm, while battery is viewed as the successful execution of that harm. Depending on the circumstances, such as whether a weapon was involved or the extent of harm caused, these charges can range from misdemeanors to serious felonies.

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Types of Criminal Battery Charges

Criminal battery can be charged as either a misdemeanor or a felony depending on the specifics of the case. Penalties increase significantly when specific circumstances, such as the use of a weapon or causing serious injury, are involved. Below are common types of battery charges in California and their corresponding legal definitions.

Simple Battery (Misdemeanor)

Charged under Penal Code Section 242, simple battery is any unauthorized or harmful contact. It is often considered a misdemeanor and carries penalties that include fines, probation, and potential jail time.

Battery Causing Serious Bodily Injury

Under Penal Code Section 243(d), a battery that inflicts serious bodily injury (such as broken bones or severe trauma) can result in felony charges. These cases often carry harsher sentences because of the severity of the harm caused to the victim.

Domestic Battery

Defined under Penal Code Section 243(e)(1), domestic battery involves battery against a spouse, cohabitant, or partner. While domestic battery is often charged as a misdemeanor, certain aggravating factors, such as prior convictions or injuries, can elevate the charge to a felony.

Battery on a Peace Officer or Public Official

Battery against specific protected individuals, such as police officers, emergency personnel, or school employees, is outlined under Penal Code Section 243(b) and 243(c). When the victim is performing their duties, the penalties increase, and these cases are prosecuted aggressively.

Aggravated Battery

These charges, often filed under Penal Code Section 243.4 if committed with molestation or sexual intent, or elevated versions of other battery offenses, apply when a deadly weapon is used or great bodily harm is caused.

Felony Battery with Serious Injury (Three Strikes Law)

Felony battery resulting in significant harm may count as a "strike" under California's Three Strikes Law, severely impacting your future if you are convicted.

Protect your freedom with a trusted Fresno criminal lawyer for battery charges defense.
Call a skilled Fresno criminal lawyer to fight your battery charges today.

Consequences of a Battery Conviction

The penalties for criminal battery can vary widely based on whether the charge is filed as a misdemeanor or a felony, the circumstances of the case, and the defendant's prior criminal history.

Here are some common consequences you may face if convicted of battery in California:

  • Jail or prison sentences – A misdemeanor can lead to up to one year in county jail, while a felony conviction may result in several years in state prison.
  • Fines and fees – Significant financial penalties are common and may include restitution to the victim.
  • Probation and mandatory classes – Courts may order probation conditions that include anger management or batterer’s treatment programs.
  • Firearm restrictions – Convictions often include prohibitions against owning or possessing firearms.
  • Criminal Protective Orders – These orders can mandate no contact with the alleged victim or limit your movements.
  • Enhanced penalties – Charges involving domestic violence, gang affiliation, or harm to protected individuals (such as teachers or EMTs) often result in harsher penalties.
  • Battery at a school, government lands, government buildings, or a city park adds additional charges.
  • Increases penalties if prior convictions, including strikes and domestic violence or restraining order convictions.
  • Restitution to the court and the victim.
  • In some instances, battery victims may obtain a civil judgment against the defendant.
  • Future complications – A conviction can lead to permanent criminal records, making it difficult to find housing, employment, or obtain certain licenses, which may require post conviction relief, such as expungements, sealing of arrest records, or withdrawal of pleas.

Criminal Battery Defenses

Defending against criminal battery charges requires a thorough investigation and a solid legal strategy. The right defense depends on the specific circumstances of your case, and each approach aims to challenge the prosecution’s claims. An experienced attorney can help you determine the most effective strategy, but here are some key defenses that may apply in criminal battery cases:

Self-Defense or Defense of Others

Under California law, you are allowed to use reasonable force to protect yourself or others from imminent harm. If your actions were necessary to prevent an attack or a crime, your attorney may argue that your use of force was justified. This defense is often applicable in cases where the alleged battery occurred in response to an immediate threat.

Consent

Consent can also serve as a viable defense to battery charges. If the alleged victim willingly participated in the act or expected physical contact to occur, such as in competitive sports, this may negate the claim of battery. Your legal team may use this defense to demonstrate that the contact was agreed upon and not unlawful.

Reach out to a dedicated Fresno criminal lawyer for personalized battery charges defense.

False Allegations

False accusations are unfortunately common in some battery cases. Misunderstandings, misidentifications, or deliberate false statements can all lead to wrongful charges. Your attorney will work to challenge the credibility of the accuser, uncover inconsistencies in their statements, and present evidence that undermines their claims.

Lack of Intent or Identity

Proving that you did not act willfully or that someone else committed the act can significantly weaken the prosecution’s case. This defense is centered on establishing a lack of intent or mistaken identity, showing that the accused did not knowingly commit the battery.

Crime Prevention

Battery may sometimes be justified if it occurred while attempting to prevent another crime. If your actions were necessary to stop an ongoing or imminent illegal act, your attorney can argue that your use of force was lawful under the circumstances.

Parental Rights

Parents are legally allowed to discipline their children as long as the punishment is reasonable and not excessive. If the incident in question falls under this category, it can be argued that the parent’s actions were within their rights and did not constitute criminal battery.

Retain an Experienced Criminal Battery Attorney

A battery conviction can have serious, long-standing effects on your life. Whether you’re facing misdemeanor charges for alleged minor contact or more severe felony allegations, our experienced attorneys can help build a strong defense for your case.

Our skilled criminal defense lawyer can evaluate your case to identify possible defenses, negotiate with prosecutors to reduce charges or penalties, and challenge evidence if there are signs of police misconduct or procedural errors. In court, we advocate on your behalf, protect your rights, and work to minimize the impact of the charges against you. Contact us today for a free consultation to discuss your battery charges and receive guidance on how we can protect your rights against the battery charges.

Schedule a consultation with a Fresno criminal lawyer to build a strong defense against your battery charges.
Schedule a consultation with a Fresno criminal lawyer to build a strong defense against your battery charges.

Retain an Experienced Criminal Battery Attorney

A battery conviction can have serious, long-standing effects on your life. Whether you’re facing misdemeanor charges for alleged minor contact or more severe felony allegations, our experienced attorneys can help build a strong defense for your case.

Our skilled criminal defense lawyer can evaluate your case to identify possible defenses, negotiate with prosecutors to reduce charges or penalties, and challenge evidence if there are signs of police misconduct or procedural errors. In court, we advocate on your behalf, protect your rights, and work to minimize the impact of the charges against you. Contact us today for a free consultation to discuss your battery charges and receive guidance on how we can protect your rights against the battery charges.

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