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Battery: It Takes Less Than You Think

Posted by Martens & Brusseau | Apr 17, 2015 | 0 Comments

Hurting someone is a crime. Under California state law, assault and battery are serious charges that can result from hurting, or attempting to hurt, another person. While you do not have to have actual physical contact with someone to assault them, making physical contact can land you with a conviction of battery. California PC 242 dictates that battery involves the "willful and unlawful use of force or violence upon the person of another" (legalinfo.ca.gov). While this sounds harsh or severe, something like a hard shove can land you with up to $2000 in fines and up to 6 months in jail. This sentencing is aggravated by other factors like who you assaulted and the motivation or intent you had. The prosecutor doesn't need to prove the person assaulted was seriously injured or suffered a major setback because of the violence; they only need to demonstrate that you made offensive physical contact with another person. While it is always best to think twice before you do something you might regret, having an experienced criminal defense attorney by your side when facing battery allegations can ensure your side of the story is heard and considered seriously in court. There are strategic defenses an experienced attorney might find relevant to your case; such as arguing you had no ability or intent to harm anyone. Acting in self-defense, if you genuinely had reason to believe you were in danger when you hurt this person, could land you well within your rights as a citizen. There are options if you are facing charges and feel you were wrongly accused. Know the law and reach out for help so you can represent yourself in the best light in court and make your side of the story known.

If you or a loved one are facing battery charges in Tulare, Kings or Fresno counties, don't hesitate to call The Law Offices of Christopher Martens for experienced, informed help. Attorney Christopher Martens is experienced in assault and battery defense and can help you through this process. Call our offices at 559-967-7386 or email us at [email protected] today to schedule your free consultation.

About the Author

Martens & Brusseau

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

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