Battery Charges

San Diego Battery Defense Attorneys

San Diego Battery Defense AttorneysThe Criminal Defense Attorneys at The Hullinger Firm are Criminal Battery Defense Attorneys. Our attorneys Dismiss Battery Charges, Reduce Battery Charges to Lesser Offenses and argue for Acquittal of Battery Charges in all San Diego Courthouses. If you or a loved one are facing Criminal Charges for Battery call our office for a Free Consultation by calling 619-649-2424or emailing us at attorneys@hullingerfirm.com.

What is Battery?

California defines battery as “any willful and unlawful use of force or violence upon the person of another.” Essentially, the Law of Battery criminalizes hitting another person without Legal Cause or Justification.  Injury is not necessary; physical contact, however, is required.

Battery Offenses We Defend

Criminal battery is classified as either a misdemeanor or felony charge.  Depending on where the facts took place, status of the victim and whether weapons were used will determine the classification of the charge.  Battery Charges include the following.

  • Penal Code 242 – Simple Battery
  • Penal Code 243(b) – Battery on a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, code enforcement officer, or animal control officer.
  • Penal Code 243(c)(1) – Battery on a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer causing injury
  • Penal Code 243(c)(2) – Battery on a peace officer causing injury
  • Penal Code 243(d) – Battery causing serious bodily injury
  • Penal Code 243(e)(1) – Battery on a spouse or cohabitant
  • Penal Code 243.1 – Battery against a custodial officer.
  • Penal Code 243.10 – Battery against a member of the US Armed Forces
  • Penal Code 243.2(a) – Battery occurring at a school, park or hospital
  • Penal Code 243.3 – Battery against a public transit employee
  • Penal Code 243.4 – Sexual Battery
  • Penal Code 243.4(a) – Sexual Battery by restraint
  • Penal Code 243.4(b) – Sexual Battery of institutionalized victim
  • Penal Code 243.4(c) – Sexual Battery of Unconscious Victim
  • Penal Code 243.4(d) – Sexual Battery by forced masturbation
  • Penal Code 243.6 – Battery against a school employee
  • Penal Code 243.6 – Battery against a school employee with injury
  • Penal Code 243.65(a) – Battery against a highway worker on duty
  • Penal Code 243.7 – Battery against a juror
  • Penal Code 243.8(a) – Battery against a sports official

No matter which Battery Charge you are facing, we can help you get through it.  There are many legal ways to reduce or avoid the consequences of a Battery Charge.  Call today to speak with one of our skilled criminal defense lawyers.

Penalties if Convicted of Battery

Battery carries severe penalties if convicted.  These include…

  • State Prison
  • County Jail
  • Formal Probation
  • High Fines and Court Fees
  • Anger Management
  • Stay Away Orders
  • Victim Restitution Liability
  • A Permanent Felony Record for a Crime Involving Moral Turpitude

How Do You Beat Battery Charges?

California Criminal Law recognizes various defenses to Battery Charges that if properly prepared and presented will acquit the defendant of Criminal Battery.   Whether a defense is applicable depends on the facts of each case.  Below are some of the most relevant defenses:

  • Defendant Has An Alibi – If the defendant was not at the scene then they couldn’t commit battery.
  • Self-Defense – If the Victim is the Aggressor the defendant was acting in self-defense.
  • Defense of Another – A reasonable belief that another individual is being beaten give rise to this defense.
  • Mutual Combat – Even an Initial Aggressor has a defense if they stop the fight.
  • Statute of Limitations – Section 802 of the Penal Code controls how much time before the government is barred from bringing charges for Battery.
  • Consent – If the Victim gave consent it’s a defense to Battery Charges.

A successful defense to battery starts with a Confident and Competent San Diego Defense Attorney.  Our team of attorneys, paralegals and experts will prepare your case for negotiation or trial.

Our Attorney Advantage

A Battery Charge can have serious consequences.  Hiring the right attorney may be the difference between a conviction and a dismissal.  Take back the Upper Hand.  Our defense attorneys are the best in the business:

  • A Skilled and Experienced Defense Team – We are the right team to defend a criminal charge.  We have successfully handled thousands of criminal cases and have satisfied clients all over California.  We know the law, procedure and practicalities of criminal litigation that can give you the upper hand in court.
  • Well Known and Respected – We appear in the courts of San Diego every day of the week.  We are known by judges, prosecutors and our colleagues.  Our attorneys have a reputation for competent and effective representation in the area of criminal law.  We strive to achieve excellence on every case and have established a reputation for getting great results.
  • State of The Art Legal Practice – We are a 100% Paperless law firm.  All of our clients are given 24/7 access to everything in their case file.  Attorney notes, evidence, witness statements and motions are all scanned and stored digitally in an easy to navigate cloud based system.  Its encrypted to standards of the department of defense.  Rest assured that your file is safe, sound and available to you whenever you need it.

Learn More…

If you have been charged with Battery, we offer a 100% free Consultation by calling 619-649-2424 or emailing us at attorneys@hullingerfirm.com.  Talk to one of our experienced criminal defense attorneys today and take back the upper hand.

Why Our Firm?

On all criminal cases we offer a Free initial consultation. This is your chance to gain candid advice on potential outcomes and implications of your criminal charge. You will meet with our attorneys, go over the facts of your case, relevant law and San Diego procedures. You will leave with a checklist of items we feel will take your case to a successful outcome.

Scott Hullinger, Esq.

Scott Hullinger, Esq.

San Diego Criminal & Civil Attorney

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