If you have been involved in an altercation of some sort and you were injured, you need an assault and battery lawyer Los Angeles on your side to represent you. Additionally, it is important to know how a judge will determine if the other party has committed battery and what the consequences are following it. An assault lawyer in Los Angeles will thoroughly explain what a battery charge means for your case.
There are five key points to know regarding battery laws and how they can impact you.
Battery vs. Assault
The difference between battery and assault is distinct as they represent two different crimes. In assault, there is an intention to cause harm, but battery is the use of unlawful force on a person. Assault doesn’t require physical contact, but battery only exists when there is contact.
Acceptable Defenses to Battery Charges
There are defenses to use in court when charged with battery.
Self-defense: This occurs if you felt that you or someone around you feared imminent danger and you defended yourself.
Accident: If something happens by mistake, for example, a collision, then a charge of battery doesn’t apply because there was no intent to cause harm to the other person,
Consent: In cases where the other party consented to the force, as in sports, a charge of battery is invalid.
Unacceptable Defenses to Battery Charges
Intoxication: Being under the influence of drugs or alcohol doesn’t excuse you from a battery charge.
Provocation: It is insufficient to say that someone else’s actions made you commit battery.
Penalties of a Battery Charge
If you commit battery, it is possible that you can:
Be fined $2,000
Possibly be required to attend anger management classes
Be banned from using a firearm for 10 years
Face up to 6 months in jail
There are crimes that are similar to battery that can have more severe consequences:
Assault with a Deadly Weapon
Battery Against Elderly or Dependent Adult
The rules for a battery charge apply differently to each unique case. Our Los Angeles assault lawyers represent clients by proving how they experienced battery and how the other party should be held responsible. If you are in need of a personal injury lawyer Los Angeles to represent you, contact Gutierrez Law so that we can fight for your rights.