Address: 2900 Bristol St., Suite C204 Costa Mesa, CA 92626
Available To Serve You Nationwide On All Federal Cases
This page was written, edited, reviewed & approved by Karren Kenney following our comprehensive editorial guidelines Karren Kenney, the Founding Partner, has 30+ years of legal experience as a criminal defense attorney.
Facing battery charges in Southern California can feel overwhelming. Kenney Legal Defense understands the stress and fear you're experiencing. With a focus on your rights and liberty, our seasoned criminal defense lawyers provide unwavering legal protection.
Battery charges are serious criminal matters in San Diego County. Our criminal defense attorneys have years of trial experience defending clients against assault and battery charges. We are familiar with California law and the local court system. We provide skilled legal counsel to clients facing simple battery charges, as well as more complex criminal cases. We work closely with each client to build strong defense strategies. Our team knows how to challenge the prosecutor's case and protect your future.
Battery under Penal Code Section 242 means any willful and unlawful use of force against another person. Assault and battery differ primarily in physical contact: assault (Penal Code 240 PC) is the threat of harm, whereas battery involves direct physical contact with another person.
The prosecution must prove you intended to use force or violence. They must also show that harmful or offensive contact occurred. Even minor physical contact can result in battery charges under California law. The contact doesn't need to cause serious bodily injury to qualify as a battery.
Several defenses can help fight battery charges. Self-defense is often used when someone acts to protect themselves from harm. Defense of another person can also justify physical contact. Lack of intent is another common defense strategy. False allegations and mistaken identity occur more frequently than people realize.
Our criminal defense attorneys examine every detail of your case. We scrutinize the prosecution's evidence for weaknesses during the discovery process. A well-prepared defense can minimize charges or secure a dismissal.
Self-defense allows you to protect yourself from immediate harm. You must reasonably believe you were in danger of physical injury. The force you used must be reasonable, given the threat you faced. Our battery lawyer knows how to present self-defense arguments effectively. We gather evidence to show you acted to protect your personal space. Video footage and witness statements often support self-defense claims.
False accusations can destroy lives and reputations. Domestic violence cases often involve false allegations during heated disputes. Witnesses sometimes identify the wrong person in chaotic situations. Our criminal lawyer conducts a thorough investigation to uncover the truth. We challenge unreliable witness testimony and inconsistent statements. Police reports often contain errors that help our defense strategy.
Battery requires willful action and intent to harm another person. Accidental contact doesn't meet the legal standard for battery conviction. We present evidence that demonstrates no criminal intent existed. This defense works well in cases involving accidents or misunderstandings.
Simple Battery, as defined under Penal Code 242 PC, carries a potential penalty of up to six months in county jail. Fines can reach $2,000 for first-time offenders. Probation and community service are common penalties. Under Penal Code 243(d), battery resulting in serious bodily injury carries stricter penalties. You could face up to four years in state prison. A permanent criminal record can significantly impact employment opportunities and housing choices. Higher education applications often ask about criminal convictions. The sentencing considers your criminal history and the specific circumstances of your case.
The legal process begins with arrest and booking at the county jail. Your first court appearance is the arraignment, where charges are read. Pretrial motions can be used to suppress evidence or dismiss charges if the circumstances warrant. The District Attorney or City Attorney reviews the evidence and decides whether to proceed.
Our criminal defense attorneys frequently file motions to suppress evidence that is obtained illegally. We negotiate with prosecutors throughout the process. Many cases are resolved through plea bargain agreements before trial.
The arraignment is your first appearance before a judge. You will need to enter a plea of guilty, not guilty, or no contest. Pretrial hearings address important legal issues in your case. Our defense team examines all police reports and evidence. We identify constitutional violations and improper procedures. Strong pretrial work often leads to better outcomes.
Plea bargain negotiations can significantly reduce charges or penalties. Our experienced team is familiar with local prosecutors and their tendencies. We present mitigating factors to get favorable plea deals. Reduced charges might avoid jail time and minimize consequences. Some agreements include anger management classes as an alternative to custody.
Trial preparation requires extensive investigation and witness interviews. Our trial experience helps us present compelling defense arguments. We cross-examine prosecution witnesses and challenge their testimony. Physical evidence must be properly authenticated and relevant to the case. Jury selection plays a crucial role in trial strategy.
Battery charges carry serious consequences that affect your entire future since it is considered a “crime of violence”. A skilled criminal defense lawyer understands how to effectively dispute the prosecution's evidence. We are familiar with the court system and local procedures. Our battery lawyer has relationships with prosecutors and judges. Early intervention often prevents charges from being filed. We protect your rights during police questioning and investigations. Insurance companies typically do not assist with criminal matters.
Kenney Legal Defense has successfully defended hundreds of battery cases. We understand all criminal law implications of battery charges. Our law firm handles all types of charges involving battery. We've helped clients avoid jail time and keep clean criminal records.
What is the difference between battery and assault in California?
Assault under CA Penal Code Section 240 is the threat of harm without physical contact. Battery requires actual unlawful touching or physical force against another person. Both are serious charges under California law.
What are the consequences of battery offenses?
Simple battery can result in up to six months in county jail and $2,000 in fines. Aggravated assault charges carry much harsher penalties. Community service and probation are also possible consequences.
Can I be convicted of battery if the contact was accidental?
No, battery requires willful intent to harm or offend another person. Accidental contact without criminal intent cannot support a battery conviction under California law, and is considered a defense.
Can I drop battery charges in California?
Victims cannot drop criminal charges directly. The District Attorney or City Attorney determines if the prosecution should move forward. However, victim cooperation often significantly influences prosecutorial decisions.
How can I fight a battery charge in San Diego?
Retain an experienced criminal defense attorney immediately. We file motions to suppress evidence when warranted and challenge witness testimony. Strong defense strategies can result in dismissal or reduced charges.
Will I get jail time for a first-time battery offense?
First-time offenders are frequently sentenced to probation rather than incarceration. Factors such as injury severity and the circumstances surrounding the incident affect sentencing decisions. Our attorneys work to minimize penalties for first-time clients.
Don't face battery charges alone. Kenney Legal Defense offers free consultations to discuss your case. Our criminal defense attorneys fight aggressively on behalf of every client. We understand the California court system and know how to achieve successful outcomes.
Call us today using our contact form or social media. Time limits apply to filing motions and building your defense. Our experienced team is dedicated to defending your rights and freedoms.
