Battery Defense Attorney in Oakland

Contact Our Violent Crimes Lawyers at (510) 953-5551

Battery is defined as intentionally causing injury by harmful or offensive touching without consent. Penalties for battery in California, whether simple or aggravated, can be harsh if you are not properly defended. If you have been charged with battery, it’s essential that you seek aggressive legal help immediately to protect your rights and freedoms.

Our criminal defense attorneys at the Law Offices of Torres & Caraves have more than 20 years of collective experience providing aggressive defense, and we know how to protect you. We are committed to providing honest, nonjudgmental counsel to each and every client, and we believe you are innocent until proven guilty. Our legal team will do everything in our power to provide you with a solid defense.

Understanding Your Battery Charges

Battery is commonly accompanied by assault charges, though not always. Assault is defined as attempt to harm or strike another person, whereas battery is generally defined as the physical striking, or the act of inflicting harm.

Criminal Battery Charge

A person may be charged with criminal and, or civil battery with the essential difference between the two being criminal intent. Touching the person without intending to harm them would be considered civil battery. Whereas with criminal battery, the defendant must have intended to cause physical harm to the victim.

Examples of criminal battery include:

• Simple battery
• Aggravated battery
• Sexual battery

Simple Battery in California

In California, simple battery is defined as the willful and unlawful use of force or violence against another person. While a simple battery charge can be charged as a misdemeanor, as outlined in California Penal Code 242, consequences may be more serious under certain conditions.

What Is Aggravated Battery?

If the victim was a child, the battery resulted in serious injury, or was committed against vulnerable adults (such as the elderly or disabled), it may be charged as an aggravated felony. Additionally, if the defendant used a deadly weapon, any instrument that could cause serious bodily harm, he or she may be charged with aggravated battery.

Punishments for Battery Convictions

The consequences for a battery charge may vary depending on the situation, and the person harmed. If it was a domestic violence case, or the harm was inflicted on a family member, the penalties may be more severe. Also, battery against a police officer, firefighter, paramedic, teacher or other public servant may be punished more harshly.

Battery punishments vary greatly, but may include the following:

• Jail time
• Up to 25 years in prison
• Up to $10,000 in fines
• Probation
• Requirement to pay restitution

Due to the strict penalties for battery and aggravated battery charges, it is crucial that you contact an attorney for legal counsel in the beginning stages of your case.