Southern California Defense Blog

Being arrested for battery in California is a serious crime. Most people would never think they could be accused of such a crime.

However, people go to a bar with friends to have a few drinks. Music begins to play. More drinks are consumed. Then someone pushes someone and people get angry. Then someone throws a punch and a criminal battery may have been committed. When the person went to the bar that evening it never entered their mind they could end up in jail. However, that is what happened and now they facing the possibility of jail time, probation, a large fine and restitution.

If you or a loved one is accused of battery, you need to contact a lawyer immediately. The Battery Defense Attorneys at Wallin & Klarich have 30 years of experience in this field, we can bring that experience to bear for you and help you win your case.

How can I be convicted of battery in California?

Under California Penal Code section 242, battery is “any willful and unlawful use of force or violence upon the person of another.” Put simply, the prosecutor must prove three elements to convict you of battery:

1. That you willfully
2. Use force or violence
3. upon another

We will look at these three elements one at a time.

To do something willfully means that you intended to do the thing. It does not mean that you meant to break the law or that you even intended to hurt somebody. In the case of battery, all it means was that you were under control of your body.

Force or violence means basically the same thing when it comes to battery, that you made some type of contact with another. In fact, the slightest touch can be battery where it is offensive—rude, angry, disrespectful, etc.

You would think upon another is obvious—it means hitting him! But for battery, “another” includes that person’s clothing and things that they are touching. So smacking a plate out of someone’s hand is a battery.

What are the penalties for battery?

“Battery”—where no one is severely hurt and there were no weapons involved—is a misdemeanor. It is punishable by a fine up to $2000 and a six-month sentence in county jail. If the person was a peace officer or similar type of public servant, the sentence can increase to one year.

In cases where someone is seriously injured, battery rises to assault with a deadly weapon pursuant to Penal Code Section 245 and may be charged as a misdemeanor or a felony. In this case, along with the above list, the prosecutor will also have to prove that the person was seriously injured by your conduct. A misdemeanor conviction can mean two years of probation, a year in county jail, and a $1000 fine. If you are convicted of a felony, your punishment can mean a state prison sentence for 2, 3, or 4 years, a $10,000 fine, and a strike on your record under the Three-Strikes Law.

What can you do for me?

In all instances of battery, the court can impose lesser fines and sentences depending on your case. While a $2000 fine and six-months in jail is a possible punishment for simple battery, it does not have to be your punishment.

Facing criminal prosecution for battery is overwhelming. The time and stress of being in the criminal court system can wear on you and your family. If you try to go it alone, your job is twice as hard. You have the right to an attorney. The right attorney can mean the difference between jail time and freedom.

The Battery Defense Attorneys at Wallin & Klarich will review your case and formulate a defense for you. With over 30 years of experience in the field, we have successfully defended many people facing these charges. We can help. Our experienced team will review your case and take the steps necessary to defend you. We have offices in San Bernardino, Ventura, Riverside, Los Angeles, San Diego and Orange County. Call us today at 888-749-0034 or fill out our intake form for immediate assistance. We will get through this together.

The OC Register is reporting by Erika Ritchie, that earlier this week in Lake Forest, California, Orange County deputies responded to a call regarding a possible battery that occurred on Monday at the Chevron gas station off Bridger Road. The alleged victim said he had been hit in the face and his car had been kicked by two individuals who were apparently upset with his driving. The alleged victim stated that he had paused in the road way before making a turn into the gas station. That's when he was approached by two individuals, one of which kicked his car and then punched him in the head. The two individuals fled in their vehicle. Police are looking for any witnesses.

A battery is defined by the California Penal code as, any willful and unlawful use of force or violence upon the person of another and is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

If you or a loved one is facing a charge of battery, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

It was reported by John Manasso of FOXSportsSouth.com, that Basketball Hall of Famer Dominique Wilkins, an Altlanta Hawks commentator, was attacked by a fan after the Hawks' game, according to a statement released by the Hawks.

Apparently, Wilkins had finished a piece on a post game show, and was still near courtside when the attack occurred. The alleged attacker was Rashan S. Michel, 36, a former NBA and college referee. Michel was arrested and charged with one count of simple battery following the incident.

A battery is defined by the California Penal code as, any willful and unlawful use of force or violence upon the person of another and is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

If you or a loved one is facing a charge of battery, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

As one of the most well-known areas in the Los Angeles area, the city of Hollywood is home to over approximately 210,777 individuals. Situated west-northwest of Downtown LA, Hollywood is famous for its movie studios and being the historical hub of movie stars. Some of the most sought-after landmarks in Hollywood include the Shrine Auditorium, the Griffith Park Observatory, the Hollywood Bowl, Capitol Records, and the Grauman’s Chinese Theatre. With a population density of about 8,443 people per square mile, Hollywood experiences its share of arrests for assault and battery criminal offenses due to a wide variety of altercations and misunderstandings.

Being arrested for assault or battery in Hollywood can be an intimidating process, especially for individuals who do not even understand why they were arrested in the first place. Based on California Penal Code Section 240, a person can be arrested for assault if it is believed that they intended to commit physical violence, battery or willful use of force upon another individual. It is during such challenging situations that an arrested person may want to seek legal counsel and representation from an aggressive Hollywood assault defense lawyer. Under California Penal Code Section 242, a person may be charged with battery if they are suspected of carrying out any physical contact that was outside of someone else’s consent.

Due to the often highly complex legal matters that surround charges for assault and battery in Southern California, arrested individuals should get in touch with a criminal defense law firm with the experience necessary to obtain a successful outcome in any criminal case. The skilled attorneys at Wallin & Klarich have been assisting those charged with a wide range of crimes for more than 30 years. We fully understand the potential defenses to an assault or battery charge, including defense of another, self-defense, inability to carry out assault or battery, intoxication, lack of requisite intent to commit battery, or consent on the alleged victim’s part. Find out more about how the lawyers at Wallin & Klarich can help you with your case. Call 888-280-6839 or visit www.wklaw.com today.

Valencia is a planned community that combines with three other communities to form Santa Clarita. Often used as prime filming spots for several different TV series, Valencia is also known for its network of walkways that link the whole area without crossing streets at grade. Valencia has an estimated population of 32,643 and welcomes several visitors throughout the year. In being a diverse and lively community, similar to other busy cities, arrests for assault and battery have been known to take place in Valencia.

Being arrested for assault or battery in Valencia is often an overwhelming experience. Most individuals arrested for assault do not understand why they have even been taken into custody. This is mainly due to the fact that several people are unaware that an arrest for assault can be made if a person is thought to have intended to commit physical violence, battery, or willful use of force on another individual. Conversely, under California Penal Code Section 242, physical contact must take place outside of another person’s consent in order for an arrest for battery to occur. An experienced Valencia assault defense attorney will be able to help an arrested individual understand his or her legal rights and build a strong defense on their behalf.

At Wallin & Klarich, our aggressive and knowledgeable Valencia criminal defense attorneys have been defending the rights of those accused of a wide range of criminal offenses, including those that relate to assault and battery, for over 30 years. We are very familiar with the many potential defenses to an assault or battery offense. Some of these defenses may include intoxication, self-defense, consent on the part of the alleged victim, defense of another, and lack of requisite intent to commit battery. The time to act is now. Call Wallin & Klarich at 888-280-6839 or visit www.wklaw.com for more information about how we can help you with your case.

As a major part of the bustling area of San Bernardino County, the city of Ontario is home to approximately 171,691 individuals, as of 2000 estimates. As the main center for freight and passengers, several major freeways pass through Ontario which also has a small international airport. As a very cultural and prosperous city, Ontario also has its own ECHL hockey team, the Ontario Reign. In being such a densely populated area that receives several visitors throughout the year, arrests are made from time to time for assault or battery in which those who are accused may want to seek legal counsel and representation from an experienced Ontario criminal defense lawyer.

Contrary to what many Californians believe, a person can be arrested for an assault offense under California Penal Code Section 240 if he or she is suspected of having intended to commit battery, physical violence, or willful use of force on another individual. No actual physical contact needs to take place in order for a person to be arrested for assault in Ontario. On the other hand, California Penal Code Section 242 states that battery may be interpreted as any physical contact that takes place outside of another individual’s consent. It is in such instances that a skilled Ontario assault and battery defense attorney can be contacted to help defend the rights of an arrested individual.

The Southern California criminal defense law firm of Wallin & Klarich has been assisting those accused of many different kinds of criminal offenses for more than 30 years. We will thoroughly investigate your case to determine whether valid and effective defenses to your assault or battery charges are applicable. Some of these defenses could relate to defense of another, self-defense, inability to actually carry out assault or battery, lack of requisite intent to commit battery, consent on the part of the victim, and intoxication. Call Wallin & Klarich’s aggressive defense lawyers today at 888-280-6839 or visit www.wklaw.com for more information.

Located in Orange County, Irvine is a highly recognized city and is home to an estimated 207,500 individuals. Irvine draws numerous visitors and new residents throughout the year due to being a friendly community that is close to beaches like Laguna and Newport. CNNMoney.com even named Irvine the fourth best place to live in the United States for its quality of schools, housing, and job opportunities. In any case, similar to other busy cities, arrests for assault and battery occur from time to time in Irvine, leaving those accused in search of a skilled Irvine assault defense attorney.

It may surprise many people that there does not need to be any physical contact in order for someone to be arrested for an assault crime. According to California Penal Code Section 240, a person only has to have intended to commit battery, physical violence or willful force on another individual to be charged with assault. On the other hand, under California Penal Code Section 242, a person may be arrested for battery if he or she acts on physical contact that takes place beyond another person’s consent. Anyone who is charged with either an assault or battery crime would be well advised to make sure that they understand their legal rights and options for defense to the full extent.

The aggressive and experienced Irvine criminal defense lawyers at Wallin & Klarich have successfully defended several individuals accused of assault and battery offenses. We understand the ins and outs of these often complex cases. Our knowledgeable legal team will investigate possible defenses to your assault or battery charge, such as defense of another, self-defense, inability to carry out assault or battery, intoxication, lack of requisite intent to commit battery, and consent of the alleged victim. To learn more about how Wallin & Klarich can help you, please call 888-280-6839 or visit www.wklaw.com today.

As one of Southern California’s largest cities, San Bernardino has an estimated population of 205,010 within its stretch of 78.5 square miles. Located in California’s Inland Empire, San Bernardino is the 18th biggest city based on population within the state. San Bernardino rests at the bottom of the San Bernardino Mountains and attracts a variety of visitors throughout the year. Similar to other busy and densely populated areas, arrests are made from time to time for assault and battery offenses in San Bernardino. When such incidents take place, arrested individuals may want to contact an experienced San Bernardino assault attorney.

Arrests for assault take place more often than many residents or visitors of San Bernardino may realize. The main reason for this is that there does not need to be any physical contact for an individual to be charged with assault. California Penal Code Section 240 states that an assault crime may take place if a person displays intention to commit battery, physical violence, or willful use of force on another person. Under California Penal Code Section 242, a person may be charged with battery if he or she makes any unwanted physical contact outside of another individual’s consent. Nevertheless, a skilled criminal defense attorney should be contacted to help an accused fully comprehend their legal rights and options for defense.

At Wallin & Klarich, our aggressive and knowledgeable San Bernardino assault and battery defense lawyers have been assisting people accused of a broad range of crimes for over 30 years. We will thoroughly investigate the charges against you and the legality of your arrest to ensure that your rights have not been violated. Our legal team is highly familiar with the several potential defenses to an assault and battery charge, some of which relate to the inability to actually carry out assault or battery, defense of another, lack of requisite intent to commit battery, self-defense, intoxication, and consent on the part of the alleged victim. Call Wallin & Klarich today or visit www.wklaw.com for more information and to learn more about how we can help defend your rights.

Located in Orange County, California, the city of Huntington Beach is most recognized for its scenic beaches and conserved wetlands. Often referred to as “Surf City,” Huntington Beach’s approximate population amounts to 190,000 within a span of 31.6 miles. Huntington Beach attracts a diverse crowd of visitors within its already densely populated area, mostly due to the many surfing events hosted throughout the year. Similar to other busy cities, arrests are sometimes made for assault or battery in Huntington Beach in which the services of a criminal defense attorney will most likely be needed.

Arrests for assault happen more often than most residents of Huntington Beach probably realize. This is mainly because physical contact is not necessary for an individual to be arrested for an assault offense. According to California Penal Code Section 240, assault requires the defendant to have intended to commit battery, physical violence, or willful use of force on another individual. Under California Penal Code Section 242, any physical contact that takes place beyond the consent of another person may be perceived as battery. Being charged with an assault or battery crime can often be an overwhelming experience; however, knowing your legal rights and options for defense is extremely important. An experienced Huntington Beach assault defense attorney can help inform you of your rights, conduct a thorough investigation into the charges against you, and build a strong defense on your behalf.

At Wallin & Klarich, our skilled and aggressive Huntington Beach criminal defense lawyers have been assisting those accused of battery, assault, and a wide range of other crimes for more than 30 years. We will determine whether your assault or battery charge can be defended through self-defense, defense of another, incapability to establish assault or perform battery, intoxication, lack of necessary intent to commit battery, and consent on the part of the individual claiming to have been attacked or threatened. To learn more about how the qualified legal team at Wallin & Klarich can help you with your case, call 888-280-6839 today or visit www.wklaw.com.

Spanning 30.7 square miles, Glendale ranks as the number three largest city in Los Angeles, California. Major brands like Dreamworks SKG, Nestle, and The Walt Disney Company have offices in Glendale and employ many of Glendale’s estimated 207,303 residents. Glendale offers its population and visitors a variety of shopping possibilities such as Americana at Brand, and is close to entertainment sites such as Universal Citywalk, the Hollywood area, and Old Town Pasadena. As a thriving city with a large number of inhabitants and tourists, Glendale experiences its share of arrests for assault and battery in which a skilled criminal defense attorney may be needed.

An individual who faces assault and battery charges may not be fully aware of his or her rights, thus spending time agonizing about their situation if they do not seek legal counsel. California Penal Code Section 242 says that an individual can be charged with battery for initiating physical contact with another person without that person’s permission. Penal Code Section 240 defines assault as having intent to act out physically on another person, or having plans to use violence against them. The consequences of such an assault or battery conviction can be fines and imprisonment. If you face criminal accusations such as assault and/or battery, an experienced Glendale assault defense attorney can help defend your rights and help you reach a successful outcome in your case.

The skilled Southern California criminal defense lawyers at Wallin and Klarich have 30 years of experience defending individuals who have been charged with assault and battery and a variety of other crimes. Our legal team can create an aggressive defense for your case with possible defenses including protecting another individual, inability to follow through with assault and battery, impairment by alcohol, lack of conclusive evidence to show violent intentions, and even self defense. To speak with an experienced criminal defense attorney who can prepare your case and provide proper representation, contact Wallin & Klarich today at 888-280-6839 or visit our website at www.wklaw.com for additional information.

The Southern California city of Chula Vista is a hub for businesses and tourists alike, and lies along the coast, stretching an estimated 51.2 square miles. Its evaluated population of 217,478 does not include the large number of travelers and tradesmen that enter the city annually in search of vacation and commerce. Like other major cities that cater to a variety of consumers and residents, situations of arrest for assault and battery can sometimes occur.

Assault and battery criminal charges can stagger the life of an individual in many ways. If convicted of assault or battery, an individual may face unfortunate consequences like fines and imprisonment. According to California Penal Code Section 242, a person can be taken into police custody for battery if he or she makes non-consensual physical contact with another person. Assault, as explained by Penal Code Section 240, is imputable when a person means to commit battery, has violent intent or wants to physically harm another. If you have been accused of such crimes, you can find out your legal rights by seeking the aid of an experienced Chula Vista battery defense attorney.

The Southern California assault and battery defense attorneys at Wallin and Klarich have three decades of experience helping Chula Vista residents who face criminal charges. Our aggressive legal defense team will protect your rights with strong defenses against assault and battery claims, such as lack of requisite intent to commit battery, intoxication, inability to follow through with assault and battery, providing defense for another person, or even self-defense. The law firm of Wallin and Klarich is prepared to answer your criminal defense questions and is immediately available to assist you with your case. Contact us today at 888-280-6839 or visit our website at www.wklaw.com for additional information.

Spanning about 98.4 square miles, Riverside, California, is the 61st largest city in America, the number 12 largest city in all of California, and the number one biggest city in the metro area of Riverside-San Bernardino. Its approximate 311,575 residents are about 60 miles east of Los Angeles, and Riverside has its own notable sites including parks (California Citrus State Historic Park), museums (Riverside Metropolitan Museum), and schools (University of California, Riverside). The Mission Inn Hotel is also in Riverside; a national treasure as the nation’s hugest Mission Revival Style structure. Similar to other thriving cities, Riverside experiences incidents of arrests for assault and battery from time to time.

Being accused of an assault or battery crime in Riverside can be an intimidating experience that often leaves an individual feeling confused and overwhelmed regarding his or her legal rights and what defenses may be available. Based on California Penal Code Section 240, a person only has to be accused of intending to commit battery, physical violence, or willful use or force on another person to be arrested for assault. Under California Penal Code Section 242, an individual may be arrested for battery if physical contact or violence occurs beyond another person’s consent. In such instances, an accused individual may find it beneficial to contact an aggressive Riverside assault defense lawyer who will help them understand their rights and provide a strong defense for their case.

At Wallin & Klarich, our experienced and skilled Riverside assault and battery defense attorneys have been assisting those charged with a broad range of crimes for more than 30 years. Our Southern California legal team is extremely familiar with potential defenses to an assault and battery charge, some of which may include self-defense, defense of another, inability to actually carry out assault or battery, lack of requisite intent to commit battery, intoxication, and even consent on the part of the alleged victim. To learn more about how the criminal defense law firm of Wallin & Klarich can help you with your case, please visit our website at www.wklaw.com or call 888-280-6839 today.

The number ten most populated city in California, Anaheim, stretches 50.5 miles to cover most of Orange County. Its estimated 348,467 residents share their city with a steady file of professionals and vacationers who come to conference, share business and see Anaheim’s well-known theme parks Disney California Adventure and Disneyland. The Anaheim Convention Center is another Anaheim staple, hosting leisure and sports events that draw families and friends seeking entertainment. As a favored tourist spot and friendly place to live, sometimes Anaheim residents do not want to admit instances of conflict and heated debate that may result in assault and battery charges.

Assault and battery charges in Anaheim may arise from an initially simple interaction. For instance, two or more parties can begin an argument about any subject, whether the situation is as small as an argument at a convenience store or a shouting match built from a larger scale fender bender. Sometimes the matter at hand can trigger a person’s negative emotions to provoke intense physical response or verbal backlash. According to Section 242 of the California Penal code, battery is defined as non-consensual physical contact, and is a criminal offense. However, section 240 of the Code says that a person does not have to follow through with their intent to commit battery in order to be accused of assault. If you have been charged with assault or arrested for battery, you may be left wondering how the law defines your legal rights and how you can better understand any unfortunate accusations set against you.

The Anaheim battery defense attorneys at Wallin and Klarich have over 30 years of experience tackling assault and battery cases, and also have defended many who face various other criminal offenses. The experienced group of Southern California lawyers is committed to helping you create a solid defense for your case so that your trial can have a positive conclusion. Defenses such as looking out for another person’s well-being, intoxication, physical inability to carry out attack, or even self-defense can be used to successfully explain your case. To reach one of the aggressive and confident lawyers at Wallin & Klarich who can aid you through your trial and translate your legal rights, visit www.wklaw.com, or call 888-280-6839 today.

The Southern California city of Santa Ana is a largely populated metropolitan area located in Orange County. Its corresponding river of the same name, the Santa Ana River, is one of the many natural occurrences in the Los Angeles landscape that claims the Santa Ana title, including Santa Ana Mountains, Santa Winds, Santa Ana Watershed, and Santa Ana Freeway—an interstate used by many of Santa Ana’s estimated population of over 13 million for commute and major travel. Its large population has gained the city honor in lists such as a U.S. Census Bureau record of second biggest national metropolitan city and the number four most heavily packed with only New York City, San Francisco, and Chicago above in population. With the large tally of residents, as well as the many tourists and business travelers that come to Santa Ana, many of its people are unaware of the unfortunate conflicts that can occur, such as arrests for assault, or battery offenses.

Simple arguments occur daily; however, in many instances, an argument may escalate into a major altercation resulting in assault and/or battery. Section 240 of the California Penal Code states that a conflict between multiple parties does not have to become physically harmful or emotional detrimental for a participant to charge another with assault. At the very least, the intent to commit battery, or physical contact, is enough to charge anyone involved in the conflict with assault. California Penal Code Section 242 says that battery may be considered touch without consent. Despite what may appear to be a simple definition of battery, it is very common for those arrested for a battery crime to not be aware of the specific laws behind their charges or their legal rights in the situation. A skilled Santa Ana assault and battery defense attorney is able to properly define the law in such cases, and can provide answers and clear alternative explanations to defend an accused individual.

If you or a loved one has been accused of assault or charged with battery, the experienced Southern California criminal defense attorneys at Wallin and Klarich have the knowledge and skills to help you with your case. Wallin and Klarich’s aggressive Santa Ana lawyers have been assisting those in need of assault and battery defense for over 30 years, and also have a thorough background in defending a wide range of criminal cases. Those charged with assault or battery may benefit from a number of defenses such as intoxication, self-defense, unable to act on a plan of harm, or even coming to the defense of another. For more information regarding how Wallin and Klarich can help you with your trial by creating a strong defense on your behalf, please call 888-280-6839 today or visit www.wklaw.com.

The city of San Diego is situated along the Pacific Ocean in the Southwest part of California. Known for its record size naval fleet, the 372.1 square mile city attracts tourist and business class alike, nationally ranking San Diego as the eighth biggest city in population. Recreational parks Sea World and the San Diego Zoo help support economic growth alongside manufacturing company Qualcomm Incorporated. With so many residents and potential city-dwellers traveling throughout San Diego, arrests are sometimes made for assault which can include battery charges. It is in such instances that an arrested individual may benefit from getting in contact with an experienced San Diego assault defense lawyer.

Charges for assault and battery are usually tied together and happen in San Diego more often than some residents are aware. An argument may escalate or an accident can occur, putting the involved parties on emotional defense which can provoke physical response. Unfortunately, assault, as defined by California Penal Code Section 240, only requires the person to have desired to commit battery, or deliberate physical force on another person. Section 242 says that battery is merely physical contact without consent. In the event of an arrest for battery or assault, you may be left to question your legal rights pertaining to the matter and what course of action may be taken to defend those rights.

The experienced Southern California criminal defense attorneys at Wallin and Klarich are prepared to answer any questions that you may have regarding the assault and/or battery charges being held against you. Our team of San Diego lawyers has been aiding people accused of assault and battery as well as a wide range of criminal offenses for over 30 years. If you have been accused of assault or charged with battery, the confident and aggressive lawyers at Wallin & Klarich will build a strong defense on your behalf to help you reach a positive outcome in your case. Your trial can be successful with one of the many defenses to an assault or battery charge, such as lack of ability to follow through with the assault, defending a disabled party, under the influence, and self-defense. For more information on how the attorneys at Wallin & Klarich can help you with your case, please call 888-280-6839 or visit www.wklaw.com today.

Los Angeles is the largest city in California and the second largest in the U.S. Over 3.8 million residents call Los Angeles home within its stretch of 498.3 square miles. As a major section of one of the most populated and most diverse counties (Los Angeles County) in the United States, the city of Los Angeles was named the world’s eighth most economically powerful city by Forbes.com in 2008. In such a densely populated area, arrests are sometimes made for assault and battery in which accused individuals may want to consider speaking with a skilled Los Angeles criminal defense attorney.

Assault arrests occur more than most Angelinos realize. This is mainly due to the fact that there does not need to be any physical contact for a person to be arrested for assault. Under California Penal Code Section 240, an assault only requires the defendant to have intended to commit battery, or physical violence or willful use of force on another person. Based on California Penal Code Section 242, any physical contact that occurs outside of another person’s consent can be interpreted as battery. However, a skilled Los Angeles assault defense attorney will defend your rights as an accused individual by conducting a thorough investigation into the charges being held against you and the legal grounds of your arrest.

At Wallin & Klarich, our experienced and aggressive Los Angeles assault and battery defense lawyers have been helping people accused of a wide range of criminal offenses for over 30 years. We are highly familiar with the many possible defenses to an assault and battery charge, some of which may include self-defense, defense of another, inability to actually carry out assault or battery, lack of requisite intent to commit battery, intoxication, and even consent on the part of the alleged victim. For more information regarding how the attorneys at Wallin & Klarich can assist you with your case, please call 888-280-6839 or visit www.wklaw.com today.

If you have been charged with battery on a spouse under California Penal Code Section 243, you should immediately contact an experienced criminal defense attorney. An experienced criminal defense attorney will know how to examine all the circumstances surrounding your case to secure the most favorable result. Under Penal Code Section 243, battery is any willful and unlawful touching in a harmful or offensive manner upon a spouse, a cohabitant, or any person in which the defendant has been dating.

There are many possible defenses to the charge of battery on a spouse. Self-defense can be used as a defense if the defendant was protecting himself or herself. Also, it is not battery on a spouse if the spouse consented to the harmful or offensive touching.

If you are facing a domestic violence charge, it is critical that you talk to a California criminal defense attorney about the possible defenses. A conviction of battery on a spouse is a misdemeanor and can be punishable by up to one year in county jail and two thousand dollars ($2,000) in fines. If probation is granted, the defendant will be required to enroll in and complete a batterer’s treatment program. The conditions of probation may also include, in lieu of a fine, that the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollar ($5,000), or that the defendant reimburse the victim the reasonable costs of counseling, or both.

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Anyone who has been charged with battery, under California Penal Code section 242, should be prepared to retain an experienced criminal defense law firm to represent him or her in court. An experienced criminal defense attorney will know how to examine all the circumstances surrounding a criminal battery case to secure the most favorable disposition of this criminal matter for the client.

Battery is commonly defined as willful use of force or violence directed at another person. Any physical touching can be considered a battery as long as a victim does not consent to it, or if he or she feels that the touching was offensive. You need to know that assault and battery, although commonly mistaken as having similar meanings, are actually two distinct criminal charges.

While battery requires a physical contact to be either harmful or offensive, assault is just an attempt to injure another person and bring about this offensive or harmful touching. For example, swinging a baseball bat at another person will be an assault as long as that person reasonably believes that you are just about to hit them. However, once the bat lands on any part of the victim’s body, a crime of assault turns into a crime of battery.

Defenses are available to a battery charge. The most common defense to the crime of battery is self-defense or defense of others. The key to both of these battery charge defenses in California is to show that a person reasonably believed that he or she was in imminent danger of suffering bodily injury, and the force used was reasonably necessary to defend against such danger.

Continue reading "I am Accused of Criminal Battery - What Should I Do Next? - California Penal Code Section 242" »