Marin County Aggravated Battery Attorney

Hiring a Aggravated Battery attorney should be the first item on your checklist. An experienced defense attorney will know how to protect your rights and fight for your interests.

According to California Penal Code § 242, battery is generally defined as “any willful and unlawful use of force or violence upon the person of another.” In effect, battery entails the touching of another person in a harmful or offensive manner without their consent. For the aggravated battery charges to be viable, physical contact needs to occur through direct contact with another person, touching their clothing, or causing an object or someone else to touch another person.

You could be charged with “aggravated” battery if physical contact with another person results in them suffering a serious bodily injury. Under California law, a “serious” bodily injury is any impairment of a person’s physical condition (e.g., loss of consciousness, a concussion, a bone fracture, protracted loss or impairment of function of any body part, a wound requiring extensive suturing, serious disfigurement, etc.). 

There are other types of battery under the California Penal Code. For example, you could be charged with “simple” battery if you allegedly hit another person, but they did not suffer a serious injury. Simple battery can be charged simply based on an allegation that the contact was “harmful or offensive.”

Aggravated battery is a serious criminal offense in California. If convicted, you could be subjected to harsh and potentially life-altering penalties, such as:

• Being ordered to serve between two and four years in state prison
• Being ordered to pay a fine of up to $10,000
• A “strike” under California’s Three Strikes Law
• Being ordered to serve a multi-year probation
• Significant Restrictions on the ability to own a firearm

Having a criminal conviction on your record, particularly a felony conviction, can adversely impact your ability to obtain housing, apply to certain educational institutions, be eligible for professional licensure, and so forth. 

If you were charged with allegedly committing aggravated battery, do not immediately assume the prosecution will be able to obtain a conviction. In fact, an experienced and knowledgeable Marin County criminal defense attorney may be able to utilize an array of defenses to challenge the viability of the prosecution’s case which could result in a reduction, or possibly a dismissal, of the aggravated battery charges. Defenses to an aggravated battery charge may include the following (the type of defense will depend largely on the specific circumstances of your case):

• Self-Defense or Defense of Others: Your Marin County criminal defense attorney could present evidence indicating you felt compelled to use physical force in order to protect yourself or protect another person from imminent harm.
• False Allegations: There may be evidence to support the argument that the aggravated battery charges were prompted by a personal dispute, revenge, or other baseless reason.
• Lack of Intent: Your defense attorney may be able to argue that the contact with the other individual was accidental and unintentional.
• Consent: Your Marin County criminal defense lawyer could assert that the alleged victim consented to the contact.

If you were arrested for aggravated battery, the first thing you need to do is ask to speak with a lawyer. Do not discuss the allegations with law enforcement unless and until you’ve had an opportunity to confer with your designated Marin County criminal defense attorney. 

Aggravated battery charges are no joke, which is why hiring an experienced criminal defense attorney is strongly recommended. Once you have an attorney, they will go to work on your behalf gathering evidence (e.g., witness statements, surveillance camera footage, photographs, etc.) and identifying weaknesses in the prosecution’s case. Considering the severity of a potential aggravated battery conviction, you owe it to yourself to have a skilled Marin County criminal defense lawyer on your side.