Charged with Battery in Pasadena, CA?
Get a Pasadena Battery Defense Lawyer!
Battery is when force or violence is used against another person. There
are two types of battery charges: simple and aggravated.
The following basic elements of battery are under California Penal Code
- Up to six months in a county jail
- Up to 3 years of probation
- Fine of up to $2,000
- Community service and/or completion of a batterer's program
This offense may result in a misdemeanor or felony charge. If you did not
cause serious bodily injury, you will be charged with a misdemeanor. If
you caused serious harm, you will be charged with a felony. Serious bodily
injury is under California Penal Code Section 243(d).
Misdemeanor Aggravated Battery
- Up to 1 year in a county jail.
Felony Aggravated Battery
- Up to 4 years in a state prison
- Formal probation
- You may receive a strike on your record
If you are accused of any form of battery, contact a Pasadena criminal
defense attorney as soon as possible.
Assault vs. Battery: Understanding the Differences
Assault and battery are often confused and stated as being the same crime,
but they are very different.
Assault is when a person intentionally causes another person to worry or fear
being harmed, injured, or offensively contacted. If a person threatens
to physically harm you while they have the ability to, this can be classified
as assault. A verbal threat alone is not assault, but if someone shows
that they are willing to carry out the threat, then a person can be charged
Battery is when someone carries out the threat and causes physical harm to a person.
Physical harm may classify as any type of injury, harmful contact (such
as causing someone to become ill), or offensive contact (such as spitting
Criminal negligence can also be a form of battery. If a caretaker does not warn a patient
about a possible dangerous situation and the patient is injured as a result,
it constitutes as battery negligence.
Possible Defenses for Your Battery Charge
Are you facing charges of battery? An experienced criminal defense lawyer
in Pasadena may be able to represent you and either dismiss or minimize
the charges. People are often wrongly accused of battery, and attorneys
are able to prove that you were not at fault for such charges.
A lawyer at The Law Offices of Matthew Cargal may be able to prove that
you were trying to protect yourself or another person/people in when the
assault occurred. This falls under the California law of self-defense
and the defense of others, and your charges may be dropped.
Another way to fight battery charges is to prove that the assault happened
with consent, or was the result of an accident. Assault may occur during
a contact sport, but is necessary (to a certain level) in order to participate
in the sport. For example, when football players tackle each other, it
may be seen as assault, but it is required in order to play the sport.
If someone is accidentally shoved into you on a crowded street, this is
seen as an accidental form of battery, not an intentional form.
Contact a Criminal Attorney in Pasadena - (888) 717-0139
Attorney Cargal has over two decades of
criminal defense experience, and has the ability to represent clients who are falsely accused
of battery. If you are wrongfully facing battery charges, contact the
firm today to see if they can represent you.