Battery Attorney in Los Angeles

Battery occurs when one person offensively touches another without the other’s permission. [Penal Code section 242]  Usually this touching results in injuries, but not necessarily. If two people have a shoving match on the street without any injuries, a case still may be filed against one or the other or both for battery. The shoving is the unwanted touching. In these cases some of the issues that the Court has to resolve are whether the battery was, in fact, self defense or defense of others, and whether the force used to defend oneself or others was proportional to the threat posed. Despite being considered a misdemeanor, a conviction for battery can result in severe sanctions and penalties.

If the battery results in injuries, it is defined in Penal Code section 243(d) as batter causing serious injury and could be filed as a felony.  Another type of battery is batter on a peace officer.  [Penal Code section 243]  This violation may be filed as a misdemeanor or as a felony regardless of whether there are any injuries.