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Battery Sentencing & Punishment – Penal Code Section 242
A simple battery, charged under California Penal Code Section 242, is a misdemeanor punishable by a fine not exceeding two thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
When a battery is committed on a peace officer, firefighter, emergency medical technician, paramedic, etc., the battery is punishable by a fine not exceeding two thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.
If the battery is charged as a felony because the victim suffers a great bodily injury, it will be labeled a violent felony. If you are found guilty of a violent felony, this will subject you to a “strike” under California’s Three Strikes Law.
Strike convictions have a tremendous and potentially devastating effect because any future conduct will be punished more severely. If you have a prior strike, be aware that if at anytime in your life you are convicted of a new felony, your potential sentence may be doubled by the court. It is important to consult with Wallin and Klarich, an experienced arson defense law firm, to determine the consequences of a strike conviction.
Sexual battery charges under California Penal Code Section 243.4 can also be very serious criminal allegations. This charge can be filed as a felony or misdemeanor. If you are found guilty of a felony violation of California Penal Code Section 242.4 you can be sent to prison and this can act as a “strike” or serious felony. You should call Wallin & Klarich today to discuss your options with our knowledgeable Orange County battery defense attorneys if you find yourself facing such charges.
