Sometimes, emotions get the best of us. Whether it was a push during an argument, a thrown object in a heated moment, or a reaction that went too far, even a single outburst can lead to criminal charges.
Battery charges are serious in California, even if no one was hurt. If you have been accused of using force or violence, you need to protect your rights immediately.
At Silver Law Firm, our Oakland assault lawyers understand how quickly these situations can spiral. Our firm has over 37 years of combined experience defending clients and will work to keep one mistake from defining your future.
If you are facing battery or assault allegations, reach out to an Oakland battery lawyer from our team today.
What Is Battery Under California Law?
Battery is defined in California as the willful and unlawful use of force or violence against another person. You do not need to cause an injury to be charged. In fact, even slight physical contact can qualify if it was done in a harmful or offensive way.
To prove battery, prosecutors must show that:
- You touched someone else
- The touching was willful and unlawful
- You did not have a legal reason, such as acting in self-defense
Accidental contact or actions taken without intent usually do not meet the legal definition of battery. An Oakland violent crimes lawyer from our firm can investigate your situation and gather evidence required to protect you from a life-altering conviction.
With the help of a criminal defense lawyer from Oakland, you’ll have an excellent chance at avoiding penalties.
For a free legal consultation with a battery lawyer serving Oakland, call (510) 995-0000
Understanding Aggravated Battery Charges
If you’re facing aggravated battery charges, it’s important that you understand the offense you’ve been accused of and get legal help to shield yourself from a conviction. Aggravated battery involves the same conduct as simple battery but results in serious bodily injury.
This can include injuries like:
- Loss of consciousness
- Broken bones
- Significant cuts requiring stitches
- Damage to internal organs
- Lasting disfigurement or impairment
Not all injuries count as “serious.” Minor bruises, small scrapes, or muscle strains usually do not meet this threshold. Aggravated battery is treated more seriously than simple battery and can carry harsher penalties, especially if the injury was significant or involved a vulnerable person.
A battery lawyer in Oakland can offer more information on this type of offense.
Oakland Battery Lawyer Near Me (510) 995-0000
Battery vs. Assault in California
Battery and assault are often charged together, but they are different crimes. Assault, defined under Penal Code section 240, is the attempt or threat to use force on someone, even if you never made contact. Battery is the actual act of using force.
You can be charged with assault for swinging and missing. Battery charges apply if you make contact, regardless of the result. If you are unsure which charge applies in your situation, our battery lawyers in Oakland can help clarify your case and prepare your defense.
Click to contact our Oakland Assault Lawyers today
Penalties an Oakland Battery Lawyer Can Protect You From
A battery conviction can lead to serious consequences that disrupt your life and impact your freedom. Fortunately, our battery attorneys in Oakland can work hard to get your charges reduced or dropped, limiting the damage done.
We’ll fight tirelessly to help you avoid the following penalties:
- Up to six months in county jail
- A fine of up to $2,000
- Probation or community service
Battery becomes a “wobbler” offense if the victim is a protected individual, such as a police officer, firefighter, or emergency responder. In these cases, prosecutors can choose to file the charge as either a misdemeanor or a felony. If a protected person is injured, felony charges become more likely.
Felony battery convictions can result in:
- Up to three years in county jail
- Fines up to $10,000
- Formal probation and court-ordered programs
Aggravated battery, when charged as a felony, carries a maximum penalty of four years in jail and a $10,000 fine. Reach out to our firm today to learn more about the penalties you’re facing and get skilled legal representation.
Complete a Free Case Evaluation form now
Consequences That Extend Beyond Jail Time
Battery charges carry more than just legal penalties. A conviction can create lasting challenges that affect your employability and many other aspects of your life. You’ll need to hire an experienced battery lawyer from Oakland to avoid the following consequences:
- A permanent criminal record that appears on background checks
- Difficulty finding housing, jobs, or professional licenses
- Loss of immigration status or denial of visa applications
- Child custody complications
- A 10-year ban on gun ownership for misdemeanor battery
- A lifetime firearm ban for felony battery
These consequences can affect every part of your life. That’s why it’s important to fight the charge from the very beginning. Our team will prepare your case for trial and present compelling arguments as to why you shouldn’t be convicted.
Defenses We Can Use Against Your Battery Charges
No two battery cases are the same, and the right defense depends on the facts. At our Oakland battery law firm, we start by looking at every detail of your arrest and the evidence that prosecutors have against you. Some common defenses to battery charges include:
- You were acting in self-defense or protecting someone else
- You did not act intentionally
- The contact was accidental or minimal
- You were falsely accused
- There is not enough evidence to prove the charge
We may be able to challenge the credibility of witnesses, show inconsistencies in the plaintiff’s story, or point out violations of your rights that occurred during the arrest. No matter how complicated your case is, we’ll do everything we can to build a strong defense.
Contact an Oakland Battery Attorney Today
Battery charges can feel overwhelming, especially if the situation was misunderstood or blown out of proportion. Do not face the legal system alone. Let Silver Law Firm help you build a strong defense and protect your future.
Contact us today to schedule a free consultation with a dedicated Oakland battery lawyer. We’ll meet with you to discuss the charges you’re facing, answer any questions you have about the legal process, and explain what we’ll do to build the strongest defense case possible.
Call or text (510) 995-0000 or complete a Free Case Evaluation form
