While Assault is an unlawful attempt or threat, together with the present ability, to commit a violent injury on someone else” BATTERY is when someone actually carries out the threat and 1.willfully and unlawfully 2.uses force or violence 3.against another person.
The following penalties for battery are under California Penal Code Section 242.
- Up to six months in a county jail
- Up to 3 years of probation
- Fine of up to $2,000
- Community service and/or completion of a batterer's program
A person’s act has to be willful to constitute a battery, meaning the person intended to carry out the act, however, any touching may qualify, no matter how slight, whether it was direct or indirect such as “touching” someone through his/her clothing.
For example, a client was charged with several serious violent felony offenses which also included a Battery. The client had construction workers at her home over the course of many months. One day, in a fit of frustration over some shoddy work that was being done, the client grabbed one of the workers by his arm and attempted to push him out the front door closing the door on his arm six times. While the victim did not sustain any injuries, client was still charged with a Battery.
While Simple Battery is a violent crime, depending on the facts and circumstances, one manner in which to resolve a Battery charge is through participation in a Diversionary program or Prosecutors office hearing. Some Battery cases arise from a neighborhood dispute where it is likely that after an argument where some pushing or shoving ensued, both neighbors call the police to press charges against the other.
Often times rather than the case being filed in court, the matter can be settled out of court with all parties present to include the prosecutor and defense attorney, at a hearing typically held in the prosecutor’s office, where the conduct and issues are sorted out. This type of settlement usually proves agreeable to all parties as the neighbors can resolve their differences and continue to reside near one another without having to face a criminal conviction and potential punitive consequences.
If you are charged with a Battery, consult with an experienced criminal defense lawyer like Michele Ferroni to explore your options and possible defenses to your case. Some recognized legal Defenses to Battery arise when your actions are in:
Self Defense or the Defense of Others,
The result of an Accident should you touch someone in a crowded area or,
Consent, as when you might be involved in an activity that accepts some risk of battery, like participating in a contact sport.
As well, there are other Related Battery Offenses which are generally of a more serious nature that include but are not limited to:
- Aggravated Battery or Battery causing serious bodily injury
- Assault with a Deadly Weapon
- Assault with a Firearm
- Domestic Battery
- Sexual Battery
- Battery against an Elder or Dependent Adult
With the legal knowledge and individualized attention to your case, Michele will glean as much information from you as possible to help build a strong defense or present factors in mitigation to reduce your charges and minimize your exposure. Her long term relationship and experience working with the prosecutors will be asset to resolving your case. Call Michele Ferroni at 818.203.8300 for a free consultation and evaluation of your case.