San Francisco Battery Defense Attorneys

Defending the Rights of People Accused of Criminal Battery in San Francisco and throughout California

The State of California takes criminal battery very seriously.  In order to be charged with and convicted of a criminal battery in California, you must have willfully and intentionally touched someone else, and you must have done so in an offensive or harmful manner. In order to obtain a conviction, the prosecutor assigned to your criminal case must prove all of the legal elements of the battery charge. If the prosecutor fails to meet this burden, then you cannot be convicted. 

The San Francisco battery defense lawyers at The Law Offices of David S. Chesley are fully aware of the seriousness associated with a criminal battery charge – including the potential penalties upon conviction. Our knowledgeable legal team can help you prepare the best defense possible, increasing your likelihood of a dismissal, favorable plea deal, or sentence reduction.

Satisfying the Legal Definition of Battery

Each of the legal elements of a criminal battery charge has a specific meaning under the law. The foundation of a battery charge is the touching element. In other words, to be convicted, the criminal defendant must have touched another person in an offensive manner.

A touch requires only a slight physical contact to the alleged victim. In order to satisfy the touching requirement of battery, the defendant need not have injured the alleged victim or brought about any sort of physical harm. A touch may also occur indirectly, such as by throwing an object at the alleged victim. Finally, if the defendant touches an object that is “intimately connected” to the alleged victim’s body, such as an object he or she is holding, that is sufficient to satisfy the touching element of battery.

In order to qualify as a battery, the touching must also be willful or intentional. In order to commit a battery, the defendant need not have intended to commit a battery or otherwise break the law. Instead, the defendant need only have intended to perform the act which set the harmful or offensive touch in motion.

Finally, in order to meet the legal definition of battery, the touching must have occurred in an offensive or harmful manner. In order for a touch to be “offensive or harmful,” it must have been rude, angry, violent, or otherwise disrespectful.

The experienced San Francisco defense attorneys at The Law Offices of David S. Chesley can help you come up with a legal defense in order to help you challenge the prosecution’s case at trial

Legal Differences between Assault and Battery

Although a criminal defendant can be charged with both assault and battery, there are several defenses between the two charges. In contrast to assault, which refers to an act that could potentially inflict harm (or an unwanted physical touching on another person), a battery involves an actual infliction of violence or force upon another person.

A battery, in other words, must involve physical contact of some type and is more or less a “completed assault.”

What Happens following a Criminal Battery Conviction?

If you are convicted of criminal battery in the State of California, a judge will, at some point, impose the necessary sentence. In cases where the battery does not result in a serious injury to another person – and where the battery is not committed against a police officer or some other protected person – it is classified as a misdemeanor. As such, the potential penalties upon conviction may include misdemeanor probation, a maximum of six months’ incarceration, and/or a monetary fine not to exceed $2,000.

Other types of battery charges may include different penalties. Some of those related criminal charges include the following:

• Battery resulting in a serious bodily injury – including a serious physical condition or impairment. This type of battery may be classified as either a misdemeanor or as a felony. The misdemeanor version can result in one year of incarceration in county jail. The felony version, however, can result in two, three, or four years of incarceration.
• Battery on a peace officer – including police officers, firefighters, emergency medical technicians (EMT’s), lifeguards, custodial officers, security officers, process servers, animal control officers, and search and rescue personnel. If the defendant was aware (or should have been aware) that the alleged victim was a peace officer, and there were no injuries sustained, then the defendant may be incarcerated for one year in county jail. However, if the battery resulted in an injury, then the person could be facing felony charges, including incarceration of 16 months, two years, or three years upon conviction. 
• Domestic battery – including a crime of battery committed by the defendant against a spouse, former spouse, cohabitant, former cohabitant, fiancée, former fiancée, parent of a child, or a current or former dating partner. A domestic battery is a misdemeanor charge which can result in a maximum fine of $2,000, along with a maximum incarceration period of one year.
• Sexual battery – including touching another person’s intimate part(s) for the purpose of sexual gratification, abuse, or arousal. A misdemeanor offense can result in six months or one year in jail. A felony offense can result in a two, three, or four-year period of incarceration in a state facility. The defendant will also likely have to register as a sex offender for the rest of his or her life.

While there is no doubt the potential penalties associated with a battery charge are severe, the experienced San Francisco battery defense attorney at The Law Offices of David S. Chesley can help you minimize the negative impact of your charge by arguing for a plea deal or advocating for a charge reduction in your case.

Defenses Raised in a California Battery Case

If you are currently facing a battery charge in the State of California, there are a number of defenses that you may be able to raise in response to your charge. Those potential defenses include the following:

• You were reasonably attempting to defend yourself or someone else, and you did not use more force than was necessary.
• You lacked the necessary criminal intent to commit the battery crime.
• You were acting reasonably and lawfully in an attempt to discipline your child.

The California experienced criminal defense attorneys at The Law Offices of David S. Chesley may be able to raise one or more of these legal defenses on your behalf in criminal court.

Call Us Today to Speak with a Criminal Defense Lawyer in San Francisco

Battery is a very serious crime in California. As a result, battery charges are treated very seriously and punished very harshly. Moreover, the law – not to mention public opinion – is usually on the side of the alleged victim in a California battery case.

If you have been arrested or charged with battery, you cannot afford to waste time. In the event you show up to your court date without a lawyer, a judge could theoretically refuse to postpone your case and make you move forward without a lawyer.

At The Law Offices of David S. Chesley, our legal team has the skills and experience to help you achieve the best possible outcome in your case. To schedule a free consultation and case evaluation with our San Francisco criminal defense lawyers, please call us today at 1-800-755-5174, or contact us online.