San Bernardino Battery Attorney
Battery is often associated with violence, but did you know that injuries don’t actually have to be present in order to be convicted of this crime in California? If you’ve recently been charged with battery in San Bernardino, then there’s no time to waste. It’s advised that you work on immediately researching your charges, the penalties associated with them, and the potential defense strategies you can use to avoid a conviction.
For the best chances of experiencing success in court, it’s a good idea to hire a battery defense lawyer in San Bernardino. That’s where we come in! Here at Wallin & Klarich, we’ve got extensive experience representing clients accused of battery. Learn more about these charges, their penalties, and how to defend yourself below.
What is Battery?
Per California Penal Code Section 242, battery is defined as the willful and intentional use of force or violence on another person. To prove battery, the Prosecutor must prove:
• You acted intentionally and unlawfully
• You touched another person in a harmful or offensive manner
Notice that injury is not an element of battery, so you can still get convicted of this crime even if no injury occurred to the alleged victim.
There are various types and degrees of battery listed in California’s Penal Code. Learn more about them below:
California Penal Code Section 243(b)(c): Battery Against an Officer or Medical Person
This Penal Code specifically deals with battery against specific individuals who are tasked with helping you. These individuals include peace officers, traffic officers, lifeguards, medical technicians, animal control officers, firefighters, rescue members, and more.
California Penal Code Section 243(c)(1): Battery with Bodily Injury
This Penal Code deals specifically with attacking one of the protected peace officers outlined in the above section and causing a bodily injury.
California Penal Code Section 243(c)(2): Battery Against a Police Officer
If you commit a battery against the protected groups outlined above while they’re attempting to perform an official duty, then you’ll be charged under this Penal Code.
California Penal Code Section 243(d): Battery with Serious Bodily Injury
Penal Code Section 243(d) deals with battery that causes serious bodily injury.
California Penal Code Section 243(e)(1): Spousal Battery
This code makes it illegal to commit battery against a spouse, a person you’re cohabitating with, a former spouse, fiancé, former fiancé, parent of your child, family member, or another type of person you’ve had an intimate relationship with.
California Penal Code Section 243.4: Sexual Battery
This Penal Code makes it a crime to touch the private intimate areas of another person against that person’s will for either sexual arousal, gratification, or abuse.
Criminal Penalties Associated With Battery in San Bernardino
The penalties associated with battery vary widely based on the specific penal code you’re charged with. Learn more about the consequences of each battery charge below:
Penalties for Violating PC 242
Simple battery is a misdemeanor as defined by Penal Code 242. That means it will likely result in a sentence of up to six months in county jail.
Penalties for Violating PC 243(b)(c)
This Penal Code makes it a misdemeanor crime to commit battery against a peace officer or medical person. It’s punishable with up to one year in county jail.
Penalties for Violating PC 243(c)(1)
This crime is a wobbler in California, so it could get charged as a felony or misdemeanor. Felony battery with bodily injury could result in up to 3 years in state prison. A misdemeanor battery with a bodily injury charge is punishable by a maximum of one year in county jail.
Penalties for Violating PC 243(d)
This crime is also a wobbler. As a felony, you could get sentenced to up to 4 years in state prison. As a misdemeanor, you could end up in jail for up to a year.
Penalties for Violating PC 243(e)(1)
This crime is charged as a misdemeanor, which means you could get up to a year in county jail.
Penalties for Violating PC 243.4
This crime is a wobbler. As a misdemeanor, you could get sentenced to up to a year in county jail. As a felony crime, you could get sentenced to up to 4 years in state prison.
Common Defense Strategies Against Battery Charges in San Bernardino
Clearly, the criminal penalties associated with violating battery laws in California are pretty substantial. Not only will you have a criminal record, but you’ll likely need to deal with fines, probation, and possibly even imprisonment. The only way to avoid those penalties is to avoid a conviction.
Here are some of the most common defense strategies used in battery cases in San Bernardino:
Per California law, citizens have the legal right to use force against another person if they’re doing so in self-defense. To use this legal defense, you must prove that the other person was also using equal or more severe force. For instance, if you punched a person because they pulled out a knife, then you should be able to use self-defense as a successful defense strategy.
Defense of Others
It’s also possible to argue that you did commit the violent act, but you did so in defense of others. If the alleged victim was assaulting or about to assault someone else, then it might be possible to use this strategy. Like the self-defense argument, the force you used must be considered reasonable in response to the aggressor.
Of course, there’s always the chance that the other person is falsely accusing you of battery. It’s possible that the other party misidentified you as the culprit or that they’re flat out lying about what happened. This strategy is difficult to prove if the other party has alleged evidence that the battery did happen.
Lack of Sufficient Evidence
If the other party doesn’t have any evidence to prove that you committed battery, then it’s possible to argue that the other party doesn’t have enough evidence to prove without a reasonable doubt that you committed the battery.
Mistake of Fact or Accidental Injury
If you hurt the other party unintentionally, then you can use that as a defense strategy. That’s because you must have acted willfully and intentionally to be convicted of battery in San Bernardino.
Hire the Best Battery Defense Attorney in San Bernardino
So, which defense strategy should you utilize after your battery charge? The answer to that question will be unique to you depending on the circumstances surrounding your arrest. The best way to figure out which defense strategy will work best in your situation is to hire a battery defense attorney in San Bernardino.
Factors to Consider When Hiring a Battery Defense Attorney
When looking for the best lawyer to represent you, you need to ensure they represent the following qualities:
• Track record
• Ethos – credibility
A lawyer who doesn’t stack up to the challenge won’t be worth your money and time. Plus, your freedom likely isn’t something you’re willing to risk. With that in mind, be sure to only hire lawyers who fit the bill and can take on your case.
Take Advantage of Our 40+ Years of Battery Defense Experience in San Bernardino
Finding a great battery defense lawyer in San Bernardino that exemplifies all the right qualities is a challenge in itself. If you’ve recently been charged with battery, then you’re likely in need of quality representation now. You may not have time to go through countless lawyers and law firms.
The good news is that you’ve already landed on the page of one of San Bernardino’s best battery defense lawyers. Here at Wallin & Klarich, we have over 40+ years of experience representing clients accused of battery, and we’re ready to help you. Contact us now to discuss your charges in more detail.