Injury is not required in a “battery” case. A misdemeanor battery is without injury, and may simply be an unlawful use of force against another ….a rude or angry touching of the individual. There are more serious charges that are felonies if there is an injury depending on the seriousness of the injury. Battery can also vary in seriousness depending on the “victim”. If the “victim is a spouse or someone that you have had a romantic relationshipwith, then it is domestic violence and has greater consequences. Additionally if the “victim” is a child, police officer, emergency personnel, teacher or other special person under the law, then penalties can also be greater as well as the charges.
There are defenses in battery cases like self defense or protection of property. These situations only authorize “reasonable force” to be used under the circumstances. If someone pushes you, you cannot use deadly force. You do not have to retreat, but once the assailant is disabled the you must stop or you become the aggressor and can be charged. Words alone are never enough to justify a physical touching except under circumstances when an immediate threat is made, name calling is no excuse.
Battery charges can have an effect on many aspects of an individuals life, they can result in restraining orders, jail, fines, firearm prohibitions, and programs. Also they can be a real problem for employment, occupational licensing, careers, education, and immigration. If you are cited or arrested for a battery, misdemeanor or felony, you shoyuld contact a criminal defense attorney as soon as possible. Call Christoph Law Offices at 760-670-3885 for a free evaluation and consultation. Located across from Vista Courts, we have been defending exclusively DUI and Criminal cases for over 35 years.