San Diego Battery Lawyer
San Diego Battery Attorney
Are you facing battery charges in San Diego? The punishments involved in a successful conviction can strip you of your personal rights and freedoms and rob you of a future. With so much on the line, it is vital that you speak with a San Diego battery lawyer as soon as possible so that your rights and interests can be aggressively fought for. Battery is considered a violent crime, and you need an experienced San Diego criminal defense attorney who can review your case and craft a solid defense strategy.
For over twenty years, the team at Lee Law Group DUI & Criminal Attorneys has been defending individuals facing a wide range of criminal charges in San Diego, including charges of battery. With our extensive experience regarding the local courts, judges, and prosecutors, we understand the unique nuances of these cases and are ready to ensure that no stone is left unturned when it comes to your defense.
Defining Battery in San Diego
When facing battery charges in San Diego, it is wise to be aware of the differences between these charges and those of assault. While these charges are often lumped together, they are two separate situations. Assault typically involves the use of threats regarding harmful physical contact. Battery is that actual, illegal contact. It is wise to be aware of these distinctions as the kind of charge you are facing impacts the potential consequences involved.
In order to prove a battery charge and secure a conviction, the prosecution assigned to your case needs to demonstrate the fact that you intentionally had physical contact with an individual in a way that was offensive or harmful without the consent of that individual. There are several types of battery cases that can occur in San Diego, including the following:
- Sexual battery. This charge can arise when an individual has allegedly performed sexual violence against another without the consent of the victim. It typically includes the non-consensual touching of the victim’s intimate body parts. Aggravated sexual battery can include cases of sexual battery where serious harm has been done to the victim, or in cases where a deadly weapon is used.
- Domestic battery. This battery charge can arise when an individual has allegedly committed the act of battery against a spouse, former spouse, someone you are cohabiting with, a dating partner, a former dating partner, or someone you share a child with. Penalties for domestic battery can include fines up to $2,000 and up to one year of jail time.
- Battery against a peace officer. This crime can occur when an individual commits an act of battery against a police officer, nurse, doctor, firefighter, lifeguard, traffic officer, animal control officer, or custodial officer. Penalties for this crime can include prison time lasting up to one year and fines up to $2,000. If an injury is inflicted, imprisonment can last three years.
- Aggravated battery. Aggravated battery can occur if the event of battery results in serious bodily injury to the alleged victim. Penalties can include between two and four years in jail. A serious bodily injury can include situations of a broken bone, a concussion, severe disfigurement, loss of bodily function, and loss of consciousness.
- Simple battery. This crime occurs when there is a willful and illegal use of force or violence upon another individual. The punishments for simple battery include fines totaling up to $2,000 and imprisonment in county jail for no more than six months.
How the Team at Lee Law Group DUI & Criminal Attorneys Can Help
In 2022, battery arrest rates saw an increase of 11.2 percent in California. Now is not the time to become just another statistic. Instead, it is time to reach out to the team at Lee Law Group DUI & Criminal Attorneys so that these charges can be fought.
We understand how a simple misunderstanding can lead to criminal charges, and we are here to do everything we can to fight these charges on your behalf. Allow us to review your case and implement the correct defense.
Defense strategies might include:
- Acting in self-defense or in the defense of others
- Having a lack of intent
- Receiving consent or approval for mutual combat
- Lack of sufficient evidence
- False allegation
- An accident or misunderstanding
Facing charges of this type can be harrowing. If you need immediate mental health care, call the San Diego Access and Crisis Line at 1-888-724-7240.
FAQs
Q: How Can an Attorney Help Me in a Battery Case?
A: When you hire an attorney to help you with your battery case in San Diego, you can expect them to take several actions on your behalf. These actions can include conducting an independent investigation into the event that resulted in your arrest to uncover further evidence, developing a defense strategy, negotiating with prosecutors, and arguing for lenient or reduced sentencing.
Q: What Does Willful or Intentional Contact Mean in a Battery Charge?
A: In a battery charge, “willful or intentional” contact means that the accused deliberately made contact with the victim, not unintentionally or accidentally. This contact does not need to cause injury, but must be offensive or harmful, like a push or a strike, and the prosecution must prove the intent behind it. For example, bumping into someone by mistake would not qualify, but shoving them on purpose would.
Q: Is Battery Considered a Felony or Misdemeanor in California?
A: In California, if there are no aggravating factors in your battery case, it may be charged as a misdemeanor. Penalties can include shorter jail times, probation, or fines. However, if there are aggravating factors, such as the victim sustaining serious injury, then your charge could escalate to a felony.
Q: What Are the Personal Consequences of a Battery Charge in San Diego?
A: When an individual is convicted of a felony battery charge, they can face several consequences beyond the usual legal punishments. Because of a criminal record, an individual can face issues regarding their employment, their housing, and their civil rights, as a convicted felon is not allowed to vote or own firearms.
Speak with a Trusted San Diego Battery Lawyer Today
If you or a loved one has been charged with battery in San Diego, the team at Lee Law Group DUI & Criminal Attorneys is here to help. Contact our offices today to learn more about our legal services and to schedule a consultation with our team.
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