Newport Beach Battery Defense Attorney

Charged with Battery in Orange County, CA?

Being accused of battery in California is a serious matter that can impact your freedom, your reputation, and your future. If you or a loved one is facing battery charges in Orange County, it’s critical to understand your rights and the defenses available to you. At Law Offices of Virginia L. Landry, Inc., we provide aggressive, knowledgeable, and personalized legal representation for clients accused of battery and other criminal offenses. As your trusted battery defense lawyer, we are committed to protecting your rights and fighting for the best possible outcome.

Call (949) 694-8804 or contact us online today to schedule a confidential consultation.

What is Battery?

Under California Penal Code §242, battery is defined as the willful and unlawful use of force or violence upon another person. Examples of conduct that may constitute battery include:

• Striking another person during an argument.
• Shoving or pushing someone in a heated dispute.
• Throwing an object at someone, even if it causes little or no injury.
• Any intentional physical contact done without consent that is harmful or offensive.

Because of this broad definition, many people are surprised to learn they can be charged with battery for relatively minor acts of physical contact.

Assault vs. Battery

In California law, assault and battery are related but distinct crimes. Many people use the terms interchangeably, but they refer to different actions:

• Assault (Penal Code §240): Attempting to use force or violence against another person, or acting in a way that would reasonably make someone fear imminent harm. Assault does not require physical contact.
• Battery (Penal Code §242): The actual physical act of using unlawful force or violence against someone.

For example, swinging your fist at someone but missing would be considered assault, while actually landing the punch would be battery. In many cases, defendants may be charged with both crimes.

Penalties for Battery in California

The consequences of a battery conviction depend on the circumstances of the case. In California, battery can be charged as either a misdemeanor or a felony, depending on factors such as the level of injury and the identity of the alleged victim.

Simple Battery (Misdemeanor)

• Up to 6 months in county jail
• Fines of up to $2,000
• Possible probation and community service

Battery Causing Serious Bodily Injury (Penal Code §243(d))

• Can be charged as a misdemeanor or felony (“wobbler”)
• Felony penalties may include up to 4 years in state prison

Battery on a Protected Person

Battery involving a police officer, healthcare worker, or school employee can lead to:

• Increased penalties, often including up to 1 year in county jail for a misdemeanor
• Felony charges may bring 16 months, 2 years, or 3 years in state prison

In addition to incarceration and fines, a conviction may result in probation, mandatory anger management classes, restraining orders, and a lasting criminal record that can affect employment, housing, and immigration status.

Legal Defenses to Battery Charges

Our Orange County battery defense lawyer can raise powerful defenses to fight your charges. Some common legal strategies include:

• Self-Defense or Defense of Others: If you reasonably believed you or someone else was in imminent danger of harm, and you used only the force necessary to protect yourself or others, this may be a valid defense.
• Consent: In some cases, the alleged victim may have consented to the contact. For example, in contact sports or mutual fights, consent may be a defense to battery charges.
• Lack of Intent: Battery requires a willful act. Accidental contact, even if it caused injury, generally does not amount to criminal battery.
• False Accusations or Insufficient Evidence: Unfortunately, battery charges often arise from false allegations, misidentifications, or misunderstandings. Your attorney can challenge witness credibility and highlight weaknesses in the prosecution’s case.
• No Injury or Minimal Contact: If the contact was minimal or not harmful, your attorney may argue for dismissal or reduced charges.

At Law Offices of Virginia L. Landry, Inc., we examine every detail of your case, from police reports to witness statements, to build a defense strategy tailored to your circumstances.

Battery FAQs

Can I be charged with battery if the other person wasn’t hurt?

Yes. Battery does not require an injury. Any unwanted physical contact that is offensive or harmful, even without visible harm, can be considered battery.

What if I was defending myself?

Self-defense is one of the strongest defenses to battery charges, but it requires showing that you reasonably believed you were in imminent danger and used only the necessary force to protect yourself.

Is battery always a felony?

No. Simple battery is typically a misdemeanor. However, if the incident involves serious injury or a protected victim, the charges may be elevated to a felony.

Will a battery conviction stay on my record forever?

A battery conviction will appear on your criminal record and can affect employment and other opportunities. In some cases, you may be eligible for expungement after completing probation.

Do I really need a lawyer for a battery charge?

Yes. Even a misdemeanor battery conviction carries serious consequences. An experienced defense lawyer can protect your rights, negotiate with prosecutors, and pursue dismissal, reduction, or alternative sentencing options.

Speak With an Orange County Battery Defense Lawyer Today

Facing a battery charge in Orange County can be overwhelming, but you don’t have to navigate the legal system alone. At Law Offices of Virginia L. Landry, Inc., we are dedicated to defending your rights, safeguarding your future, and delivering results-driven legal representation.

If you or a loved one has been charged with battery, contact us today to speak with an experienced Orange County battery defense lawyer. Our team is ready to review your case, explain your options, and fight for the best possible outcome.

Reach out to us at (949) 694-8804 to schedule your consultation.