Top Los Gatos, CA Criminal Battery Lawyers Near You
When Results Matter Most, Put 42 Years of Criminal Defense to Work For You! Open 24/7. Free Consultation.
Se Habla Español
Free Consultation
Virtual Appointments
111 W St John St, #1250, San Jose, CA 95113
In Los Gatos, California, Law Office of Adrienne Dell, a local practice, helps clients with their Criminal Battery problem.
1900 Camden Avenue, Suite 101, San Jose, CA 95124
Other Nearby Offices
Criminal Battery concerns can be addressed by Bulldog Law. This practice offers legal representation for clients in the Los Gatos, California area.
Se Habla Español
Free Consultation
Virtual Appointments
3031 Tisch Way, Suite 300, San Jose, CA 95128
601 South California Ave., Palo Alto, CA 94304
1279 Oakmead Pkwy, Sunnyvale, CA 94085
2570 N. 1st Street, 2nd Floor, San Jose, CA 95131
55 Almaden Blvd, 8th Floor, San Jose, CA 95113
1117 S. California Ave., Palo Alto, CA 94304
255 North Market St, Suite 170, San Jose, CA 95110
615 National Ave, Suite 220, Mountain View, CA 94043
1950 University Avenue, Suite 450, East Palo Alto, CA 94303
2475 Hanover Street, Palo Alto, CA 94304-1194
1841 Page Mill Rd, Suite 150, Palo Alto, CA 94304
2440 W. El Camino Real, Suite 700, Mountain View, CA 94040-1499
675 N 1st Street, Suite 790, San Jose, CA 95112
45 E Julian St, San Jose, CA 95112
2211 Park Boulevard, Palo Alto, CA 94306
300 South First Street, Suite 228, San Jose, CA 95113
228 Hamilton Ave., 3rd Floor, Palo Alto, CA 94301
525 University Avenue, Suite 400, Palo Alto, CA 94301
37 E Hedding St., San Jose, CA 95112
650 Castro St, #120-412, Mountain View, CA 94041
4962 El Camino Real #126, Los Altos, CA 94022
1376 N 4th St, Suite 102, San Jose, CA 95112
1939 The Alameda, San Jose, CA 95126
Los Gatos Criminal Battery Information
Lead Counsel independently verifies Criminal Battery attorneys in Los Gatos and checks their standing with California bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.Client Commitment
Pledge to follow the highest quality client service and ethical standards.
What Is Criminal Battery?
The crime of battery refers to an incident in which the offender engages in unlawful (and unwanted) harmful or offensive physical contact with the victim. Whether or not the contact needs to be intentional depends on the laws where the offense occurred, as what constitutes battery varies by state and jurisdiction.
What Are Some Types of Criminal Battery?
Criminal battery, or simple battery, is just one form of battery under U.S. federal and state law.
Sexual battery takes place when non-consensual touching, groping or other unwanted and offensive sexual acts are visited upon the victim by the offender. At a nightclub, if a man gropes a woman who is dancing without her consent, he may face charges related to sexual battery if the victim deigns to pursue the matter in court.
Family-violence battery, or domestic violence battery, takes place when a family member — typically a spouse ‚— is violent toward the victim.
Aggravated battery is an escalation of simple battery, and is typically charged when an instance of battery involves a deadly weapon such as a knife or gun, or when the battery results in serious bodily harm as concerns the victim. When a battery takes place against a protected class of persons (as a result of a hate crime, targeting police officers or other public officials, or targets the elderly, the infirm, or a child), aggravated battery charges may also be the end result.
What Is the Difference Between Criminal Assault and Criminal Battery?
The primary difference between criminal assault and criminal battery is that the former does not require that the offender actually made physical contact with the victim, while the latter holds this element as requisite for charges.
To provide an example, a man who threatens (seriously, and with intent) another patron of a football game with violence, making intimidating gestures and who throws an empty bottle at the victim and misses, could be charged with the crime of assault. Had the empty bottle actually struck the victim, the offender could instead be charged with battery.
What Are the Possible Penalties for Criminal Battery?
The penalties for battery range depending on the individual context of the case. If there is a beating or strike involved, or a wound created (bruise, gash, etc.) the maximum sentence is one year from the federal court. If a dangerous weapon is used, the maximum penalty jumps up to 10 years incarceration. Further, if there is an actual intent to commit murder, the maximum penalty is enhanced to 20 years in jail.
State laws vary in their treatment of criminal battery, generally distinguishing between simple battery and aggravated battery. Simple battery typically results in a first degree misdemeanor charge with a maximum sentence of one year in jail as well as a one year probation period. However, in some states, aggravated battery is classified as a second degree felony with a maximum penalty of 15 years imprisonment. This maximum penalty can be accompanied by mandatory minimum sentencing enhancements if a firearm is present during the commission of an offense, and even further enhancements apply if said firearm is discharged or is used to harm another.
How Much Jail Time for Criminal Battery in California?
Simple battery typically results in a sentence of up to one year in jail for those found guilty, with most punishments being lessened for first-time offenders. Repeat offenders may see stiffer penalties in response to their convictions. By contrast, aggravated battery is typically categorized as a felony deserving of a sentence ranging from three to six years, or 10 or more years for repeat offenders — or for aggravated battery with one or more sentencing enhancements (as mentioned above) attached.
When faced with criminal battery charges, the best thing to do is contact a criminal battery lawyer as soon as possible. A criminal battery charge can be either a misdemeanor or a felony depending on the state and also what happened. You won’t want to face these charges alone.