If you have been charged with Battery in Orange County for use of force or violence on another person, you should contact the Atias Law Firm. Our law firm works with a team of professionals on the matter and knows how to handle these particular kinds of Battery charges. In Orange County, Battery is divided into two degrees, Simple Battery and Aggravated Battery. Battery is usually committed when someone uses force or violence on another person. However, Battery can be charged more seriously when someone is seriously injured as a result of battery.

Battery Orange County Penal Code 242-243

First, let the top Battery Lawyers in Orange County give you the relevant law. The relevant portion of the law that is applicable to battery charges in Orange County is summarized below. However, the full text of the Battery laws in Orange County can be found in California Penal Code Sections 242 and 243. To prove that the defendant is guilty of Simple Battery, the Prosecutor must prove that:

1. The defendant willfully and unlawfully touched another person in a harmful or offensive manner.
2. The slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind.

To prove that the defendant is guilty of Aggravated Battery, the Prosecutor must prove that:

1. The defendant willfully and unlawfully touched another person in a harmful or offensive manner and the other person suffered serious bodily injury as a result of the force used.
2. A serious bodily injury means a serious impairment of physical condition. Such an injury may include, but is not limited to: loss of consciousness/ concussion/ bone fracture/ protracted loss or impairment of function of any bodily member or organ/ a wound requiring extensive suturing/  and serious disfigurement).

The Battery laws in Orange County can be confusing to a defendant charged with a crime. The attorneys at the Atias Law Firm know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, such as assault.

Reducing A Battery Charge To A Lower Level Crime

Circumstances may allow the Prosecutor to charge you with assault, rather than Battery. Our criminal defense attorneys may be able to show that your Felony Battery charge should be reduced to a Misdemeanor Battery charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Battery lawyers Orange County aggressively challenges any allegation of injury. If we can get a court to agree that the injury is not that serious then that may be a defense to your charges.

Will I Go To Jail?

Possibilities & Penalties For Battery Charges in Orange County

Simple Battery is generally a misdemeanor. Misdemeanor Battery is punishable by up to one year in county jail. Aggravated Battery is a felony. Felony Battery may result in a sentence ranging from two to four years in state prison. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Battery Defenses in Orange County

Our lawyers know the defenses that may help get your Battery charge dismissed. There are a number of defenses to Battery in Orange County, however the applicability of those defenses depends on the facts of your case. For instance, you may have believed that you had a right to use force to protect yourself or another person from imminent harm. That is a defense in your case that may get your Battery charge dismissed. (If a person actually believes that he or she has a right to use force even if that belief is mistaken or unreasonable, such belief is a defense to Battery.) Another defense may be that you were disciplining your child. In California, a parent has the right to use reasonable force to discipline their child. Also, if you have been charged with multiple counts of Battery, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Battery Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. Our attorneys may be able to help you get your Battery charge reduced to a lesser charge or perhaps even dismissed. The Atias Law Firm in may be able to get your Battery charge, and the Battery penalties, reduced to those penalties associated with: Misdemeanor Assault, Misdemeanor Battery, or Disturbing the Peace.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Battery, then you may face increased penalties in your current Battery case. Our team of Battery lawyers in Orange County aggressively challenges any prior convictions. For instance, if your prior Battery conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Battery penalties. Call Battery lawyers Orange County today to see how your prior convictions may impact your current Battery charge.

What Should I do about a Battery charge in Orange County?

Contact Battery lawyers Orange County today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.