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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.

Simple Battery

The following basic elements of battery are under California Penal Code Section 242.

  • 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

Aggravated Battery

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 with assault.

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 at someone).

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.

Contact the firm today to set up an appointment for your free case evaluation!