Assault & Battery

Assault & Battery

A Battery occurs whenever one person touches another without consent. A Battery can be charged as a misdemeanor or a felony. The amount of injury to the victim will usually decide whether the case is charged as a felony or a misdemeanor. A felony battery under Penal Code Section 243 is a maximum of 3 years in state prison. A misdemeanor battery carries a maximum of 1 year in jail.

A more serious charge of "aggravated" assault and battery may be applied if a person tries to or does cause severe injury to another person or uses a deadly weapon to cause injury.

Often times, this charges arrives in cases of mutual combat. A fight breaks out and the cause is always an issue.

The most common defense to a Battery is self-defense. It is important to carefully exam the evidence to defend this cases.

Defending this cases requires a thorough investigation including reading police reports, talking to witness and investigating the scene.

Mike has successfully defended many clients charged with this offense.

Please Call (415) 601-0300 for a FREE, confidential initial consultation.

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