Assault and Battery Laws in California - Penal Code 240 & 242 PC
California Penal Code 242 PC prohibits battery, which is the willful and unlawful use of force or violence on someone, even if it does not cause injury or actual pain. Simple battery is a misdemeanor that carries up to 6 months in jail and fines of up to $1000.00.
If a California battery does result in a significant injury, then you could be charged instead with the more serious crime of battery causing serious bodily injury, Penal Code 243(d) PC.
Assault and battery are separate and distinct criminal acts, usually grouped in a criminal charge. If you threaten someone with bodily harm to inflict it, then the crime is considered assault under Penal Code 240 PC.
Assault and battery, as defined under Penal Code 240 & 242 PC, are not to be taken lightly. These violent crimes carry severe charges in the state of California, underscoring the urgent need for legal representation.
Assault under Penal Code 240 PC is an attempt to use force or violence on someone else. Battery is the actual use of force or violence on someone else.
Penalties for assault and battery charges in California can be severe, including up to 15 years in jail or prison, hefty fines, restitution, community service, probation, and a permanent mark on your criminal record. The weight of these penalties underscores the urgency of seeking the guidance of an experienced assault and battery Attorney in Los Angeles, CA.
At the Hedding Law Firm, our criminal defense lawyers provide exceptional legal advice and services for all types of assault and battery cases, including the following:
- Simple Assault
- Assault with a deadly weapon
- Aggravated battery with a deadly weapon
- Felony battery
- Simple battery
- Sexual battery
- Aggravated battery
- Domestic violence
- Disorderly conduct
What Are the Common Mistakes?
Battery is a crime; you don't want it on your record if you can avoid it. I think one of the first common mistakes that I see people make is not hiring an attorney right away because a lot of times – especially if you don't have a criminal record and the other party wasn't hurt that bad.
An excellent criminal defense attorney can utilize different diversionary-type programs to try to protect your history and keep you out of jail.
Another common mistake is people trying to figure out the situation themselves and thinking that they've got a defense without running by the information, the facts, and the details with a seasoned criminal defense attorney.
Sometimes, people have a reason, but we have to see exactly what happened and what evidence the prosecutors can use against you in a potential trial.
So, we need to examine all of the evidence, examine the elements of battery, examine the defenses to the battery, see which ones apply to you, and then make a conscientious decision about whether or not you could win the case at a jury trial.
Because if you can't win the case at a jury trial level, you will want to negotiate, use your attorney, get mitigation packets together with character letters, etc.
The last common mistake people make regarding battery matters is not taking them seriously and thinking this is not a crime. It's only a misdemeanor, and I shouldn't worry about it. That's wrong because battery is a crime.
When you go out into the world and try to get a job, having a battery on your record, people may perceive you as being violent when you're not violent. This long-term consequence of a battery charge highlights the need to take immediate legal action.
How to Defend a Felony Battery Case?
Most California Penal Code 240 PC battery cases I've seen are filed as misdemeanors. For the prosecutors to jack the case up to a felony, they must have an actual serious injury to the victim.
California Penal Code 243(d) PC defines the crime of aggravated battery causing serious bodily injury. This involves touching or striking another person in a harmful or offensive manner, causing the person to suffer a severe injury.
If somebody claims they have a headache or something hurts them, it will not be sufficient to jack the battery from a misdemeanor to a felony. Instead, they'll usually need some broken bone or internal injury – something terrible that jacks it up to a felony battery.
Sometimes, I've even seen them add, in addition to the felony battery, a Penal Code 12.22.7 PC great bodily injury allegation if the injury is bad enough.
That means that not only did you batter the person, but you caused GBI against them. Therefore, you'd be looking at an additional three years in addition to the three years for the felony battery, so that's a total of six years in prison if you batter someone harshly enough with enough damage.
What Are the Legal Defenses?
So, I'm going to have you come in, and we're going to talk about precisely what happened to see if:
- You have a self-defense argument;
- You have a defense of another argument or
- There's some other defense that applies to your felony battery case.
Maybe the injuries are not as grave as the victim is making them out to be. But unfortunately, sometimes people want to sue the person civilly, so they trump up their injuries and make them look much worse.
But you don't want a felony battery because what you end up doing is getting a strike on your record. So they're typically trying to imprison you for a felony battery.
You would be looking at serving 85% of whatever sentence you got versus the average county jail sentence in the case of a non-three strike, where you're doing half time, which usually ends up being a lot less time than that because of overcrowding in the county jail.
So, if you or a loved one is charged with a felony battery and you're trying to figure out how to defend the case, let me use my 30 years of experience to guide you. Remember, seeking legal advice is crucial in navigating your legal journey.
- I know the right approach;
- I know how to fight and win these cases;
- I know how to mitigate these cases if they've got evidence against you.
That's done through sending a mitigation package to the prosecutors, meeting with the head prosecutor, and convincing them of our position. So, if you need the best, you've come to the right place. Pick up the phone now and ask for a meeting with Ron Hedding.
Successful Criminal Defense Firm
If you have been accused of, formally charged with, or have been arrested for assault and battery, then you must hire an experienced defense attorney immediately. Our law firm will defend you and aggressively fight the charges you face. We have handled similar cases in the past.
If this is your second or subsequent felony offense, you could be looking at a three-strike crime issue that, under the three-strikes law, can put you behind bars for 25 years to life.
Do not take a chance at your freedom! Call us today to schedule a free case evaluation and consultation with one of our lawyers. It would be in your best interest to see where you stand legally and your options.
We will provide the guidance necessary to show you what advantage legal representation can mean for you and your assault and battery case.
Our law firm provided clients throughout the Los Angeles area with outstanding criminal defense for many years. Regardless of the nature of the crime you are accused of, you can expect to receive fair and just legal representation from our attorneys.
We have been helping clients like you for the last many years. We will provide you with the dedication and skill needed to obtain an outcome that will satisfy you.
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