Battery Defense Attorney in Los Angeles
Facing a battery charge under California Penal Code 242 (PC) is a serious legal matter that can result in severe consequences, including jail time, fines, and a permanent criminal record. Battery involves the intentional and unlawful use of force or violence against another person, even if the contact is minor. It’s important to act quickly by seeking experienced legal representation to protect your rights and build a solid defense.
At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against battery and other violent crime charges in Los Angeles. We understand the complexities of these cases and are committed to providing you with a strong defense. If you are facing battery charges, contact us today to discuss your case and explore your legal options.
California Battery Laws (PC 242)
Under California Penal Code 242, battery is defined as any willful and unlawful use of force or violence on another person. Unlike assault, which can occur without physical contact, battery requires actual physical contact. However, the severity of the contact is irrelevant—even the slightest touch can be considered battery if it was done in an offensive or harmful manner.
Key Elements of a Battery Charge:
- Willful Contact: The act must be intentional, meaning it was not an accident.
- Unlawful Force or Violence: The use of force must be illegal and without justification.
- Non-Consensual Contact: The physical contact occurred without the other person’s consent.
This means that even minor physical contact, such as a push, shove, or tap, can lead to battery charges if it was done aggressively or without permission.
Distinction Between Assault and Battery (PC 240 vs. PC 242)
- Assault (PC 240): Assault is defined as an attempt to use force or violence against another person or a credible threat of such force, even if no physical contact occurs. In other words, assault focuses on the attempt or intent to cause harm, regardless of whether that harm is inflicted.
- Battery (PC 242): Battery occurs when actual physical contact is made with another person. It involves the willful and unlawful use of force or violence against someone, whether or not it results in injury. Importantly, even minimal physical contact—such as a push, shove, or any touch—can be considered battery if it is deemed harmful or offensive.
Understanding the difference between these two charges is critical. The penalties for each offense can vary depending on the circumstances of the case, including the severity of the act, the presence of injuries, and whether a weapon was involved. Assault typically carries lighter penalties than battery, but both can lead to serious legal consequences.
What the Prosecution Must Prove in a Battery Case
In a battery case, the prosecution must prove several elements beyond a reasonable doubt to secure a conviction. First, it must be demonstrated that the defendant acted intentionally—the physical contact must have been deliberate and not accidental or the result of carelessness. If the contact was unintentional, a battery conviction cannot be upheld. Additionally, the prosecution needs to show that force or violence was used, even if it did not result in visible injury. Any physical contact, no matter how minor, can qualify as battery if it was unlawful and carried out with harmful or offensive intent. Lastly, the prosecution must prove that the contact occurred without the victim’s consent. Any non-consensual physical contact can be considered battery as long as the other elements are met.
For a conviction to stand, all of these elements must be proven beyond a reasonable doubt. Successfully challenging any of these points can significantly weaken the prosecution’s case and may result in a favorable outcome for the defendant.
Potential Legal Defenses Against Battery Charges
When facing a battery charge several legal defenses can be utilized to challenge the accusations and protect your rights. Attorney Arash Hashemi will explore the following strategies based on the specifics of your case:
Self-Defense or Defense of Others
One of the most common defenses in battery cases is self-defense or the defense of others. This involves proving that you reasonably believed you or someone else was in immediate danger of bodily harm and that your actions were necessary to prevent that harm. To successfully assert this defense, it must be shown that the force used was proportional to the threat faced.
Lack of Intent
For a conviction under PC 242, the prosecution must prove that the contact was willful. If the physical contact was accidental, without any intention to cause harm, this can be a strong defense. For example, in crowded settings where accidental contact is common, the defense can argue that the incident lacked the necessary intent to be considered battery.
Consent
In some cases, the alleged victim may have consented to the physical contact. This defense is especially relevant in situations like sports or mutual physical activities, where physical contact is expected. If consent is established, the contact may not be considered unlawful, potentially leading to a dismissal of the battery charge.
False Accusations
False accusations of battery can arise from personal disputes, misunderstandings, or other motives. A thorough investigation can uncover inconsistencies in the alleged victim’s story or expose ulterior motives behind the accusation. Evidence such as witness testimony, video footage, or other proof can be used to challenge the credibility of the allegations.
Lack of Evidence or Credibility Issues
Challenging the evidence presented by the prosecution can be an effective strategy in battery cases. Your attorney may scrutinize witness statements for inconsistencies, question the reliability of any physical evidence, or highlight flaws in how the investigation was conducted. By undermining the strength of the prosecution’s case, your attorney can create reasonable doubt about your guilt.
Penalties for a Simple Battery Conviction (PC 242)
A conviction for simple battery can carry serious penalties, even if no significant injury occurred. The potential consequences include:
- Jail Time: Up to 6 months in county jail.
- Fines: Up to $2,000 in fines.
- Probation: In many cases, probation may be an alternative to jail time, especially for first-time offenders.
- Community Service or Anger Management: The court may require participation in community service or an anger management program in place of or in addition to jail time.
Long-Term Consequences of a Simple Battery Conviction
- Criminal Record: A conviction for simple battery will appear on your criminal record, which can impact future job opportunities and housing applications.
- Professional Licensing Issues: Certain professions that require background checks, such as healthcare, teaching, or law enforcement, may deny or revoke your professional license following a battery conviction.
- Impact on Civil Rights: A battery conviction can affect your civil rights, including the right to own or possess firearms, depending on the circumstances of the case.
- Personal and Social Consequences: A conviction for battery can damage your personal relationships and reputation within your community, making it harder to regain trust and standing.
How a Los Angeles Battery Defense Attorney Can Help
Our experienced defense attorney will thoroughly investigate your case, carefully reviewing all the evidence, including police reports, witness statements, and any available video footage. This comprehensive investigation is crucial for identifying weaknesses in the prosecution’s case and developing an effective defense strategy. Attorney Hashemi will also challenge the prosecution’s evidence, scrutinizing the credibility of witnesses, the accuracy of the evidence, and whether law enforcement followed proper procedures during your arrest. If any evidence was unlawfully obtained, Attorney Hashemi will work to have it excluded from court.
In many cases, Attorney Hashemi can negotiate with prosecutors to reduce charges or pursue alternative sentencing options, such as probation, community service, or participation in anger management programs—helping you avoid jail time. Every case is unique, and Attorney Hashemi will craft a defense strategy tailored to the specific circumstances of your situation. Whether that means taking the case to trial or negotiating a favorable plea deal, Attorney Hashemi will work to secure the best possible outcome for you.
With the right legal representation, you can navigate the complexities of a battery charge and protect your future.
Contact a Los Angeles Battery Defense Attorney Today
If you or someone you know is facing battery charges in Los Angeles, you need a dedicated defense team on your side. Attorney Arash Hashemi and his experienced team are committed to providing you with the legal defense you deserve. With over 20 years of experience, we understand the intricacies of battery cases and are here to protect your rights and fight for the best possible outcome.
Schedule a Consultation:
Phone: (310) 448-1529
Email: Contact@hashemilaw.com
Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
Our office is conveniently located near Santa Monica, Beverly Hills, and Westwood, and we offer jail visits for those in custody. Let us help you navigate the complexities of your case.
