Battery Defense Attorney | Orange County

At Wallin & Klarich, we have been defending criminal battery charges for over 40+ years. With offices in San Diego, Orange County, West Covina, Torrance, Riverside, Los Angeles, San Bernardino, and throughout the greater Southern California area, we are prepared to defend you wherever you are being accused of a crime.  Call us today at (877) 4-NO-JAIL for a free consultation with one of our highly experienced criminal battery defense attorneys. 

What is Battery?

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California Penal Code 242 PC defines battery as any willful use of force or violence on another person. A charge for battery under PC 242 can result in severe consequences and penalties. The attorneys at Wallin & Klarich can help you through the criminal process and present the best possible defense in your case.

There are many different types of formal battery charges, and they all carry serious penalties. 

Battery Penalties | What You’re Facing

If you are facing a battery charge, you could suffer serious consequences if you are found guilty. Aside from the social/personal ramifications of being accused of a crime, there are serious penalties that the state can impose upon you:

Battery | PC 242

Misdemeanor

  • Imprisonment in a county jail for up to 6 months.

Battery Against an Officer or Medical Person | PC 243(b)(c)

Misdemeanor

  • Imprisonment in a county jail for up to 1 year.

Battery with Injury | PC 243(c)(1)

Felony

  • Imprisonment in a county jail for 16 months, or 2 or 3 years.

Misdemeanor

  • Imprisonment in a county jail for up to 1 year.

Battery Upon a Police Officer | PC 243(c)(2)

Felony

  • Imprisonment in a county jail for 16 months, or 2 or 3 years. 

Misdemeanor

  • Imprisonment in a county jail for no more than 1 year. 

Battery with Serious Bodily Injury | PC 243(d)

Felony

  • Imprisonment in a county jail for 2, 3, or 4 years.

Misdemeanor

  • Imprisonment in a county jail for up to 1 year

Spousal Battery | PC 243(e)(1)

Misdemeanor

  • Imprisonment in a county jail for up to 1 year. 

Sexual Battery | PC 243.4

Felony

  • Imprisonment in a county jail for 2, 3, or 4 years.

Misdemeanor

  • Imprisonment in a county jail for up to 1 year. 

Fight Back | Possible Defenses Against Battery Charges

Throughout our 40+ years of defending battery cases in California, we have identified many effective legal defenses that could possibly work in your case to lead to your case being dismissed. Some effective defenses against battery charges that we have utilized on behalf of our clients include (but are not limited to):

Self-Defense

One of the strongest and most common legal defense strategies used against battery charges is self-defense. If you reasonably believe that you are in imminent danger of physical harm and you feel like you need to use force to stop the danger, then your actions may fall under the scope of self-defense.

Keep in mind, however, that the amount of force used by you must reasonably match up with the level of force the other party was using or threatening to use against you.

Defense of Others

It is a legal defense to a battery charge that you were acting on behalf of another who was being assaulted or about to be assaulted by the alleged victim. The degree of force that you use must be at the same level as the degree of force being used upon the other person by the alleged victim for this defense to be successful.

False Accusations

Another common and credible legal defense strategy is to claim the allegations against you are false. This defense could include arguing that the alleged victim in your case has identified the wrong person. Your defense is that you did not strike the victim in any way. You might have been at the scene of the alleged crime but you were not the person who struck the victim.

Lack of Sufficient Evidence

Similar to the legal argument above, this type of legal strategy involves creating reasonable doubt in the minds of the judge or jury. When it comes to battery charges, the prosecutor must prove that you committed the crime beyond a reasonable doubt. If your lawyer can convince the jury that the evidence presented by the jury was insufficient then you should be found not guilty. 

Mistake of Fact/Accidental Injury

Another possible defense strategy you can use to defend against a battery charge is to present evidence that while your client may have struck the alleged victim it was not an intentional act. To be found guilty of battery, the perpetrator must have acted intentionally and willfully. If the victim did sustain an injury but there is evidence that the injury was a result of an inadvertent or negligent act then that can be sufficient to result in a not guilty verdict. 

Hire A Battery Defense Attorney | How We Can Help You

Which battery defenses may apply in your case? The answer depends upon the circumstances surrounding your case, the facts surrounding your arrest, and the amount of evidence the state has against you. For this reason, you should contact our law office so we can set up a consultation with you to learn the specific facts of your case. We can set up the defense strategy that is best suited to obtain a favorable outcome in your case. You can call one of our lawyers now,  toll-free at (877) 4-NO-JAIL and we can discuss the facts of your case and begin to help you.

Wallin & Klarich | 40+ Years of Experience Defending Battery Charges

When you’ve been accused of a criminal charge such as battery you may not know which law firm to trust to help you. It is very important that you select a  highly experienced law firm to fight for your freedom. With over 40+ years of experience representing clients accused of battery, we know how to help build an aggressive defense. We are likely very familiar with the court where you will be appearing. We deal with the prosecutors in that court on a regular basis. We know the judges in the court. When you are facing a criminal charge you will want a law firm like Wallin and Klarich who knows the specific procedures in the court that will be deciding what happens in your case. 

24/7 Communication With Your Attorney | The Wallin & Klarich Way

Here at Wallin & Klarich, we value and appreciate open and honest communication with our clients. It is important that you learn to trust the knowledge and advice of your lawyer. Your lawyer will be doing all they can to obtain a favorable outcome in your case and to keep you out of jail. This is why our clients have access to our law firm when they need a question answered or may be unsure of a court date or other detail in their case.

Track Record of Success | Wallin & Klarich History of Winning Cases

Our law firm has been obtaining positive results for our clients facing battery charges for over 40 years. You will want a law firm with a proven track record fighting for you in your case. Don’t just take our word for it though, see what our previous clients had to say about the outcome of thier criminal battery case!

Reputation & Ethos | Wallin & Klarich A Reputation You Want on Your Side

It’s not every day that you get to see your lawyer on television, but at Wallin and Klarich, it’s not out of the norm. Throughout our 40+ years of practice, we’ve been featured on shows like NBC, ABC News, The Today Show, and more!

Are You Looking for an Orange County Battery Defense Attorney?

When you’re facing criminal charges like battery, it’s normal to feel overwhelmed. Searching through attorney’s profiles is probably the last thing you want to do at a time like this. Despite that, hiring the right attorney could be the difference between going to jail and getting cleared of all your charges.

With over 40 years of experience, you can feel confident that our criminal battery defense attorneys will do everything in our power to ensure you obtain the best outcome in your case. With offices in San Diego, Orange County, West Covina, Torrance, Riverside, Los Angeles, San Bernardino, and throughout the greater Southern California area, we are prepared to defend you wherever you are being charged. Contact our office today, toll-free at (877) 4-NO-JAIL for a free phone consultation or reach out to us on our website. We will be there when you call.

Frequently Asked Questions

In short, yes. In California, a person is deemed to consent to an act if they “knowingly and voluntarily” consent to the act. That is often a question that a jury must decide. The other question is whether, given the circumstances of the alleged crime, was your belief that the other person consented to the touching a “reasonable belief”.

Penal Code 243 (e) (1) -simple domestic battery is the least serious offense compared to the infliction of corporal injury on spouse-PC 273.5. The prosecution can seek this offense even if you don’t injure your spouse. This is charged as a misdemeanor offense by the prosecution. Penal Code 273.5 Intentional Infliction of Corporal Injury spouse: This offense can be filed either as a misdemeanor or as a felony. This offense is committed if you willfully inflict a corporal (“bodily”) injury on your current or former spouse, someone with whom you live or lived, or the parent of your child. This offense compared to spousal battery above requires a “traumatic injury” to the victim caused by physical force such as marks, bruises, bloody scratches, etc. The other notable distinction is “intimate partners”, under PC 273.5 intentional infliction of corporal injury can’t be filed against you if you injured your former or current fiancée or someone you are or were dating whereas in PC 243(e)(1), the prosecution can.

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