Aggravated Battery Attorney Los Angeles
If you or a loved one have been charged with aggravated battery in Los Angeles or elsewhere in California, you should immediately contact a Los Angeles Aggravated Battery Defense Attorney at The H Law Group. Our LA battery attorneys have the knowledge and experience to achieve the best possible outcome for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.
We’ve represented countless clients in cases ranging from simple battery to aggravated battery, so we are best suited to handle your battery case. If you’ve been charged with battery in Los Angeles, CA, you should not take battery charges lightly as a conviction for the crime of aggravated battery carries a maximum of four (4) years in county jail, as well a maximum fine of up to $10,000.
So, if you’ve been charged with aggravated battery under California Penal Code (CPC) Section 243(d), you should immediately contact an aggravated battery lawyer at The H Law Group. Our attorneys have experience representing individuals charged with aggravated battery, so they know how to negotiate with the prosecution to get the charges against you dismissed or negotiate a favorable plea deal for you. Schedule your free consultation today by filling out the contact form below or by calling us at (213) 370-0404.
What Constitutes Battery in Los Angeles & Southern California?
The prosecution typically charges individuals with an aggravated battery if the individual touches another person in an offensive or harmful manner and that touching caused the alleged victim to suffer a great bodily injury.
For example, if you thought that someone was laughing at you and you proceeded to hit them with a baseball bat, breaking two of their rib cage bones, the prosecution will charge and convict you of aggravated battery because this is considered to be a harmful touching that resulted in great or serious bodily injury.
You don’t need to use a weapon such as a baseball bat to be convicted of battery.
For example, you and your friends are out drinking at a sports bar. If you get angry and decide to punch someone in their face and break the nose, you can be convicted of aggravated battery.
As mentioned previously, aggravated battery carries a maximum prison sentence of four (4) years, so if you or a loved one have been charged with it, you should immediately contact an aggravated battery attorney to defend you and hopefully get the charges against you reduced or dismissed.
What are the Penalties for an Aggravated Battery Conviction?
In California, an aggravated battery can be charged as either a misdemeanor or a felony. If convicted of misdemeanor battery, you face up to one (1) year in county jail, as well as a fine of up to $1,000. However, if you’re convicted of felony aggravated battery, you may be sentenced to two (2), three (3), or four (4) years in county jail, as well as pay a fine of up to $10,000.
So, if you’ve been charged with battery, you need to hire an experienced battery attorney who can get the charges against you reduced from a felony to a misdemeanor. The battery lawyers at The H Law Group may be able to do this for you.
If successful, you may not have to spend any time in jail, but you may have to complete a battery education program instead and be placed on probation. For more information on what a battery attorney can do for you, schedule your free consultation by filling out the contact form below.
Aggravated Battery Legal Defenses
The best defense that an attorney can make for someone who is charged with aggravated battery is to argue that you were acting in self-defense or the defense of others. For example, if two bar patrons were arguing and began to fight, if you stepped in and punched the person who started the fight to protect the other guy, you may be able to have the charges against you dismissed because you acted in defense of others. The same argument applies if someone assaulted you or committed a battery against you, and you responded with force necessary to stop the aggressor from injuring you.
A second defense that your attorney may use is that the alleged victim did not suffer a serious injury. To convict an individual of aggravated battery, the prosecution must show that the victim suffered a serious injury. So, if the victim did not suffer a serious injury, your attorney may be able to have the charges against you reduced to a simple battery, which is a misdemeanor offense that carries a much lesser jail sentence than aggravated battery.
A third defense that may be used, depending on the facts of your case, is that you did not intend to commit a battery and that the offensive touching was a result of an accident or mistake. If successful, your attorney may be able to have the charges against you dismissed or reduced.
What Counts as a Serious Injury?
For the prosecution to convict an individual of aggravated battery, it must show that an individual suffered a serious bodily injury. The following are some examples of a serious injury:
- Broken bones
- Deep lacerations
- Bone fractures
- Loss of consciousness
- Impairment of an organ or body part
- Wounds that require stitches
For the prosecution to convict an individual, it need not show that the victim’s injury fell into one of the categories that we just mentioned. It is up for the jury to decide the issue of whether the victim’s injury is serious. That said, your attorney may argue that the injury is not serious to negotiate a good plea deal for you.
Assault vs Battery
Although many people believe that assault and battery are the same thing, they are very different. We will assist you in understanding the difference between these two criminal offenses.
Battery refers to the situation where a person makes an offensive (unwanted) physical contact with another person. Battery involves the use of violence or force against another person. On the other hand, assault involves an attempted battery, meaning it involves threatening or attempting to use force or violence against another person.
For example, if a person takes out a gun and shoots at a store clerk and misses, the individual can be charged with and convicted of assault with a deadly weapon. However, if he shoots at the store clerk and injures him, he can be charged with aggravated battery, as well as attempted murder.
The main difference between the two is that a battery requires the defendant to make physical contact with another person that typically hurts the victim or injures them. Assault does not have this requirement. Going back to our example, for an individual to be found guilty of assault, he need only threaten another person with injury.
Aggravated Battery Lawyer Los Angeles, California
If you’ve been charged with battery or aggravated battery in Los Angeles or elsewhere in Southern California, you should immediately contact a Los Angeles Battery Attorney from The H Law Group to represent you and defend you throughout the criminal process. Our LA aggravated battery attorneys have the knowledge and experience to achieve the best possible outcome for you, so if you’ve been charged with battery, schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.