San Bernardino Battery/Battery on a Spouse Attorney

Defending Californians who have been charged with battery-related crimes in San Bernardino.

The crime of battery, also known as “simple battery,” refers to any willful and unlawful use of force or violence on another person. Even though many people assume battery means severe beatings, you can be found guilty of battery even if you did not harm the victim.

Under California Penal Code 242, you can be charged with battery if you touched someone in an offensive way. Simple battery can be upgraded to aggravated battery (Penal Code 243(d)) if the violence resulted in a serious injury, such as a broken bone, laceration or concussion. To be found guilty of aggravated battery, the prosecutor must prove that your intent was to cause serious bodily harm.

Is Battery the Same as Assault?

You have probably heard the phrase “assault and battery,” but in California, assault and battery are two distinct crimes. Penal Code 240 is California’s assault law, and it refers to an attempt to commit a violent crime on someone else. In the case of battery, unlawful force or violence is actually used as opposed to attempting to do so.

Since each crime is different, there are different penalties as well. People assume that because battery involves force or violence, the penalties are more severe than for assault. However, both charges can result in fines and jail sentences, so it’s imperative that you choose an experienced criminal defense attorney in San Bernardino to protect your rights.

Examples of Crimes of Battery

Battery charges can happen easily. Here are a few examples of the types of crimes that would be considered a crime of battery in San Bernardino.

• A woman is standing in line at the post office when she punches a man who cut in front of her.
• A man is angry at his neighbor and throws a rock at his window, hitting the man.
• A retail worker spits at a customer after he was treating her disrespectfully.

Penalties for Battery in San Bernardino 

Simple battery is a misdemeanor under PC 242. In most cases, the penalties for battery include a fine up to $2,000 and/or up to six months in county jail. However, if you commit battery against a firefighter, police officer, EMT or other public servant and they suffer an injury, you could be charged with battery on a peace/police officer, which is a more serious crime under Penal Code 243(b)/243(c).

Aggravated battery may be charged as a felony or misdemeanor, depending on the circumstances. A misdemeanor can result in one year in jail and a fine up to $1,000. A felony can result in two, three or four years in jail and a fine of up to $10,000.

Battery on a Spouse

Domestic battery is a common misdemeanor offense that occurs when a person commits battery against one of the following people:

• Spouse
• Former spouse
• Fiance
• Parent of the defendant’s child
• Current or previous dating relationship
• Person who lives with you

Depending on the circumstances, battery on a spouse may be charged as a misdemeanor or felony under PC 243. The prosecutor must prove that you acted wilfully and used force or violence on your partner. Penalties for battery on a spouse may include up to one year in jail, fines up to $2,000 and probation up to three years.

Our San Bernardino criminal defense attorneys often find that battery on a spouse cases stem from tumultuous relationships, fueled by jealousy and rage. You may have a legal defense to protect your rights if you were recently charged with battery on a spouse.

Legal Defenses for Crimes of Battery

Battery charges are often surprising to the accused because an injury does not have to occur. You could have shoved someone, and the next thing you know, you are being accused of battery. The best way to fight these charges is with the help of a skilled San Bernardino criminal defense lawyer.

Common legal defenses for battery include:

• You acted in self-defense. You can use self-defense as your legal defense only if you reasonably believed that you or someone else was in immediate danger. You must have also believed that you needed to use force to defend against that danger and no additional force was used.
• You did not act willfully. To be charged with battery, you must have acted “willfully.” So, if you accidentally injured someone, you cannot be found guilty of this crime. An example is accidentally pushing someone into a crowd of people.
• Parental right to discipline a child. In some cases, battery charges are brought against the parents of a child. If you were acting in a reasonable manner and were within your rights to discipline your child, you can defend this charge.

Schedule a Consultation Today

A battery charge in San Bernardino can have serious consequences for your personal and professional life. You may face jail time, probation, fines and counseling. The criminal defense firm in San Bernardino that you work with will have a significant impact on your outcome. This is why you need the best.

David S. Chesley and his team will review your case and help you understand your rights. We will also determine what legal defense makes the most sense. If you are guilty of battery, we will negotiate a plea deal that works in your favor. Our goal is to help you move forward from this incident so that it no longer looms over your head. Contact the best San Bernardino criminal defense lawyers and schedule your free consultation.