Battery

Southern California Battery Criminal Lawyer

Battery is described as the actual and intentional striking or touching of another person, without their consent. It does not require the victim to sustain an injury and can include the striking of an object closely associated with the victim (such as a chair he or she is sitting on.) It is usually charged as a misdemeanor with a sentence of up to 6 months in prison and/or a fine of up to $2,000. The sentence may also include a restraining order or restitution.

Variations of Battery

Battery can be classified into four different categories: simple, sexual, domestic, and aggravated.

• Simple battery involves the striking of another, whether or not physical injury was sustained by the victim.
• Sexual battery involves touching a victim intimately, without his or her consent.
• Domestic violence battery is battery between two people who are cohabitants and who usually, though not always, have a child together.
• Aggravated battery is a severe form of battery that usually includes greater injury to the victim and/or the use of a deadly weapon. Sentencing for aggravated battery is more severe than for other forms of battery.

“Assault and battery” is a term you may be familiar with. Assault is differentiated from battery in that it does not actually require the striking of another. Assault is defined as the attempt or threat to injure another, whether or not that attempt is successful. Therefore, assault and battery are sometimes grouped together as one charge. The assault would be the threat and the battery would be the actual striking of the victim.

If you have been accused of battery, your freedom and reputation are at stake. Contact Southern California Criminal Defense Attorney Barry Bernstein today and get the defense you deserve.