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827 Deep Valley Dr, Suite 209, Rolling Hills Estates, CA 90274
600 Wilshire Blvd, Suite 500, Los Angeles, CA 90017
15 S Raymond Ave, Suite 202, Pasadena, CA 91105
420 Exchange, Suite 270, Irvine, CA 92602
707 Wilshire Blvd, Suite 3800, Los Angeles, CA 90017
2049 Century Park East, Suite 3550, Los Angeles, CA 90067
10250 Constellation Blvd, Suite 900, Los Angeles, CA 90067
15260 Ventura Boulevard, Suite 1400, Sherman Oaks, CA 91403
865 S. Figueroa St., Suite 3100, Los Angeles, CA 90017
6565 Sunset Blvd., Suite 410, Los Angeles, CA 90028
4000 MacArthur Blvd., East Tower Suite 615, Newport Beach, CA 92660
Riverside Barrister Building, 3993 Market Street, Riverside, CA 92501
620 Newport Center Dr., Suite 1100, Newport Beach, CA 92660
2049 Century Park E, Suite 3500S, Los Angeles, CA 90067
1400 N. Harbor Blvd., Suite 601, Fullerton, CA 92835
500 N Brand Blvd, Suite 1650, Glendale, CA 91203
10601 Civic Center Dr, Suite 200, Rancho Cucamonga, CA 91730
2030 Main Street, Suite 1300, Irvine, CA 92614
1055 West 7th Street, 33rd Floor, Los Angeles, CA 90017
17800 Casleton Street, Suite 605, City of Industry, CA 91748
20955 Pathfinder Road, Suite 100, Diamond Bar, CA 91765
1300 Bristol St. N., Suite 100, Newport Beach, CA 92660
100 N. Euclid Avenue, Second Floor, Upland, CA 91786
222 N Mountain Ave, Suite 100, Upland, CA 91786
4333 Orange St, Suite 102, Riverside, CA 92501-3859
San Pedro Criminal Battery Information
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What Is Criminal Battery?
The crime of battery refers to an incident in which the offender engages in unlawful (and unwanted) harmful or offensive physical contact with the victim. Whether or not the contact needs to be intentional depends on the laws where the offense occurred, as what constitutes battery varies by state and jurisdiction.
What Are Some Types of Criminal Battery?
Criminal battery, or simple battery, is just one form of battery under U.S. federal and state law.
Sexual battery takes place when non-consensual touching, groping or other unwanted and offensive sexual acts are visited upon the victim by the offender. At a nightclub, if a man gropes a woman who is dancing without her consent, he may face charges related to sexual battery if the victim deigns to pursue the matter in court.
Family-violence battery, or domestic violence battery, takes place when a family member — typically a spouse ‚— is violent toward the victim.
Aggravated battery is an escalation of simple battery, and is typically charged when an instance of battery involves a deadly weapon such as a knife or gun, or when the battery results in serious bodily harm as concerns the victim. When a battery takes place against a protected class of persons (as a result of a hate crime, targeting police officers or other public officials, or targets the elderly, the infirm, or a child), aggravated battery charges may also be the end result.
What Is the Difference Between Criminal Assault and Criminal Battery?
The primary difference between criminal assault and criminal battery is that the former does not require that the offender actually made physical contact with the victim, while the latter holds this element as requisite for charges.
To provide an example, a man who threatens (seriously, and with intent) another patron of a football game with violence, making intimidating gestures and who throws an empty bottle at the victim and misses, could be charged with the crime of assault. Had the empty bottle actually struck the victim, the offender could instead be charged with battery.
What Are the Possible Penalties for Criminal Battery?
The penalties for battery range depending on the individual context of the case. If there is a beating or strike involved, or a wound created (bruise, gash, etc.) the maximum sentence is one year from the federal court. If a dangerous weapon is used, the maximum penalty jumps up to 10 years incarceration. Further, if there is an actual intent to commit murder, the maximum penalty is enhanced to 20 years in jail.
State laws vary in their treatment of criminal battery, generally distinguishing between simple battery and aggravated battery. Simple battery typically results in a first degree misdemeanor charge with a maximum sentence of one year in jail as well as a one year probation period. However, in some states, aggravated battery is classified as a second degree felony with a maximum penalty of 15 years imprisonment. This maximum penalty can be accompanied by mandatory minimum sentencing enhancements if a firearm is present during the commission of an offense, and even further enhancements apply if said firearm is discharged or is used to harm another.
How Much Jail Time for Criminal Battery in California?
Simple battery typically results in a sentence of up to one year in jail for those found guilty, with most punishments being lessened for first-time offenders. Repeat offenders may see stiffer penalties in response to their convictions. By contrast, aggravated battery is typically categorized as a felony deserving of a sentence ranging from three to six years, or 10 or more years for repeat offenders — or for aggravated battery with one or more sentencing enhancements (as mentioned above) attached.
When faced with criminal battery charges, the best thing to do is contact a criminal battery lawyer as soon as possible. A criminal battery charge can be either a misdemeanor or a felony depending on the state and also what happened. You won’t want to face these charges alone.