While the terms ‘assault and battery’ often go together in legal parlance, there are in fact two different offenses within the state of California. Battery requires actual physical contact between the alleged victim and the perpetrator. Assault charges can be brought when no contact occurs simply through the threat or attempt of violence. Put another way, assault can occur without battery, but battery requires assault (attempting to injure someone, and then doing so). If you are facing battery charges in California, contact Somera Law Group right away to being working on your defense. There are potentially serious punishments possible for a conviction, so getting started on building your defense will increase your chances of an acquittal.

There are three separate elements that must be proved in a battery case in order to achieve a conviction. They are as follows -

  • Willful Action. The act that resulted in battery must have been intentional or reckless in causing the injury to the victim.
  • Force or violence must have been used. Simple battery charges can stem from even minor physical contact, so any unwarranted and unjustifiable touch can satisfy the requirements of the law.
  • Acted upon another. The battery must have affected another person, their clothing, or an item attached or closely connected to them.

If all three of those qualifications are met, the charge of battery can be brought and a conviction may be reached. The most basic charge under this law is simple battery, and is a misdemeanor in California. If convicted, you will face up to six months in prison, up to a $2,000 fine, community service, and up to three years of informal probation.

Don’t simply stand by and accept a conviction on a battery charge. Contact Somera Law Group today for a free consultation into your case. Our experience in California courtrooms can be of use to you in fighting these charges and clearing your name. We look forward to speaking with you soon regarding this matter.