Battery might not seem like a serious crime to some, but in California, it can be charged as a felony, leading to severe consequences, including years in prison. Understanding the gravity of battery charges and their potential outcomes is crucial. If you need legal advice or representation, contact Simmons Wagner, LLP at (949) 439-5857 for a free consultation with an experienced criminal defense attorney.
When Does Battery Become a Felony?
In California, battery is generally a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony. The decision largely depends on the circumstances surrounding the incident.
Aggravated Battery: The Key Factor
Battery is more likely to be charged as a felony when it is classified as “aggravated.” This means the battery was committed under aggravating circumstances, such as:
- Using a Firearm: Battery involving a weapon automatically increases the severity.
- Causing Great Bodily Injury: Significant physical harm to the victim elevates the charge to a felony.
Simple Battery vs. Aggravated Battery
Understanding the distinction between simple and aggravated battery is essential.
Simple Battery
Simple battery involves wrongfully and intentionally making physical contact with someone without their consent. If the contact does not result in significant injury or involve aggravating factors, it is typically charged as a misdemeanor. A misdemeanor conviction can result in up to one year in county jail.
Aggravated Battery
If the battery involves serious bodily injury or other aggravating factors, it can be charged as a felony. A felony conviction can lead to up to five years in state prison.
Examples of Battery
Battery can occur in various situations, some of which may seem minor but still meet the legal definition. Examples include:
- Physical Altercations: Pushing someone out of your way in a crowded store.
- Throwing Objects: Throwing a bottle and hitting someone.
- Spitting: A server spitting on a customer in a restaurant.
Defining “Serious Bodily Injury”
The state of California has specific criteria for what constitutes “serious bodily injury,” which can elevate a battery charge to a felony. These injuries include:
- Knocking Out: Rendering the victim unconscious.
- Broken Bones: Fractures or breaks.
- Concussions: Head injuries leading to concussions.
- Impairment: Loss or impairment of the function of any organ or body part.
- Severe Wounds: Injuries requiring stitches.
- Disfigurement: Permanent disfigurement of the victim.
Defense Strategies Against Battery Charges
Facing battery charges can be daunting, but several defense strategies may be available:
- Lack of Battery: Demonstrating that no battery occurred.
- Self-Defense: Proving that the battery was committed in self-defense or defense of another person.
- Lack of Intent: Showing that there was no intention to commit battery.
If substantial evidence exists against you, your attorney might negotiate to reduce a felony charge to a misdemeanor. The best course of action is to consult with a criminal defense attorney who can evaluate your case and develop a robust defense strategy.
Contact Us for Legal Assistance
If you are facing battery charges, it is crucial to seek expert legal advice. Simmons Wagner, LLP is here to help you navigate the complexities of your case. Contact us at (949) 439-5857 for a free legal consultation and to discuss your options with an experienced criminal defense attorney.
Protecting your rights and achieving the best possible outcome requires skilled legal representation. Don’t wait—reach out to Simmons Wagner, LLP today and ensure you have the support you need during this challenging time.