Battery

Battery is an assault and charges associated with battery can be severe.  Anyone facing battery charge should secure legal representation to help mitigate the charges.  Battery is define as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.  While most battery charges result in physical damages, pain or injury, battery charges can be given if an action can be described as reasonably offensive to a rational person, or if the offender knew said action would be considered offensive to the person injured.  An unintentional or indirect action which harms or offends another can result in battery charges.  Intent is a major consideration for charges of battery. If the offender had a clear intent to make physical contact, even if that contact was not intended to cause damage or harm, that action can result in battery charges.   If convicted a victim can file for damages, which are assessed in order to recoup money caused by said battery.  These damages may include, but are not limited to, pain and suffering, mental or emotional stress and/or damage, medical fees, and/or loss of income due to injury.  In some extreme cases found to be more grievous or abnormally excessive a victim can seek punitive damages.

Battery charges can fall under different classifications, simple, sexual, family-violence, and aggravated.

1. Simple battery charges are reserved for cases involving non-consensual injury or harm to another person.  Charges associated with simple battery are fines not exceeding $1000 dollars and a term of imprisonment with a maximum sentence of one year in jail.

2. Sexual battery charges include non-consensual sexual contact of sexual organs or intent to touch or intentionally come in contact with another’s sexual organs with out consent. Charges associated with sexual battery are fines not exceeding $2000 dollars and a term of imprisonment with a maximum sentence of one year in jail.  For more severe case charges could lead to imprisonment between 3 and 4 years and a fine not exceeding $10,000.

3. Family-violence battery charges are filed when the people involved in said act are related but the action does not warrant domestic violence charges.  Charges associated with simple battery are fines not exceeding $2000 dollars and a term of imprisonment with a maximum sentence of one year in jail.

4. Aggravated battery, the most serious of the type of battery charge, may be filed if the injury suffered is extremely severe, such as disfigurement or loss of limb, mayhem, or paralysis.

5. Charges associated with aggravated battery are felony charges and carry much higher fines and a term of imprisonment with a maximum sentence of twenty years in jail.

Battery charges involving a deadly weapon or instrument other then a firearm can result in higher penalties, and may be punished by imprisonment in state prison for two, three, or four years and a fine not exceeding $10,000.  Every person who commits a battery with a firearm carries similar fine but with one exception, a mandatory six month jail sentence.  If the firearm can be classified as a machine gun and/or semiautomatic the prison terms can span 4 to 12 years in state prison.  Any battery charges involving, government official, officers, medical employees, firefighters, or educational professional will result in higher penalties.

Marya Garcia is a bilingual criminal defense attorney serving San Diego county. MLG Defense provides services such as: Alien Smuggling, Battery, Domestic Violence, Drugs, DUI, Fraud

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Mayra L. Garcia – Your San Diego Lawyer

The San Diego Law office of Mayra L. Garcia is conveniently located Downtown San Diego at 185 West F Street, between Front Street & First Avenue.