Marin County Simple Battery Attorney

Hiring a Simple 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.

Under California law, specifically § 242 of the California Penal Code, battery is the crime of intentionally striking another person in some manner. Many people automatically associate the act of hitting another person as an assault. However, under California law, when there is actual physical contact, the crime is battery.

There are different types of battery under California law. For example, there is simple battery and aggravated battery. Generally speaking, you could be charged with simple battery when you are alleged to have hit another person but they did not suffer a serious bodily injury. It is important to note that hitting specific public employees (e.g., police officers, emergency rescue personnel, peace officers, etc.) may be charged as aggravated battery, even when no serious bodily injury occurred.

Speaking of aggravated battery, this criminal offense may be charged when there is evidence indicating you hit another person and they suffered a serious bodily injury, or injuries.  

There are many actions that could be classified as battery. Nevertheless, to be charged with battery, there must be physical contact with another person’s body, clothes or even an “attachment” to their body such as an object in their hand. The physical contact can be done with a part of your body (e.g., your fist or leg) or with an object under your control. For a simple battery charge to be viable, there needs to be evidence indicating that the contact was intentional.

In California, battery is considered a “wobbler” offense meaning it can be charged as either a misdemeanor or a felony, depending on specific circumstances. 

If you are convicted of misdemeanor battery, you could be subject to the following penalties:

• Sentenced to serve up to six months in county jail
• Up to a $2,000 fine
• Probation
• Community service
• Mandatory attendance of a “batterer’s class”
• Ten-year restriction on owning firearms and ammunition

If, on the other hand, you are convicted of felony battery, you could be subject to the following penalties:

• Sentenced to serve between 2-4 years in state prison
• Up to a $10,000 fine
• A “strike” under California’s Three Strikes Law
• Formal probation

A conviction for simple battery or aggravated battery can have significant, life-altering repercussions. Having a criminal conviction on your record can adversely impact your ability to obtain housing, apply to certain educational institutions, be eligible for professional licensure, and so forth. 

If you are charged with allegedly committing a simple battery, do not throw your hands up in despair. An experienced Marin County criminal defense lawyer may be able to deploy various defenses to challenge the prosecution’s case and reduce, or even possibly dismiss, the simple battery charges. 

Common defenses to a simple battery charge include the following:

• Lack of Intent: Arguing that the contact was accidental and not intentional.
• Consent to the Contact: Proving that the alleged victim actually consented to the physical contact, such as during a sporting match or during a consensual physical interaction.
• Self-Defense or Defense of Others: Showing that you used physical force to protect yourself or others from imminent harm.
• False Allegations: Showing that the criminal charges were motivated by a personal dispute, revenge, or other baseless reason.

If you are facing simple battery charges, it is important not to speak with law enforcement until you’ve had an opportunity to discuss the matter with an experienced Marin County criminal defense lawyer. Retaining the services of an attorney is strongly recommended since they will go to work on your behalf 

gathering evidence (e.g., witness statements, surveillance camera footage, photographs, etc.). Considering the severity of a potential conviction, you owe it to yourself to have top-notch defense counsel on your side.