Los Angeles Battery Defense Lawyer
WHAT CAN BE DONE FOR YOU IN ORDER TO DEAL WITH A PENDING BATTERY CASE IN ONE OF THE LOS ANGELES COURTHOUSES?
Most of the time battery cases are charged as misdemeanors and are dealt with by the City Attorney’s Office. However, if there is a serious injury involved in the case, then the person can be charged with a felony and the District Attorney’s Office will deal with the case. Unfortunately if a person gets hurt during an altercation and the police are contacted then they will come looking to see who the aggressor was and whether the injuries are significant enough to file a criminal case. If they determine that someone is an aggressor and the other side was injured then they will typically arrest the party who caused the injuries, send the offender to court and let the prosecutors figure out what to do about it.
Unfortunately, this sometimes leads to innocent people being sent to court. The police often times do not have the resources or time to look at both sides of the equation before rushing to judgment. Therefore, in my experience, I usually see no investigation whatsoever related to what really happened. This is where a good criminal defense attorney can make a huge difference in showing your side of what occurred and convincing the prosecutors to reconsider what really happened. This can lead to cases being dismissed or lessor charges being filed against a person.
Your best strategy moving forward is to hire a seasoned criminal defense attorney, tell them the truth about what really happened and let them guide you as to the steps to take to achieve the right result. When I meet with clients, the most important thing for me is to get across to the client that they must tell me the truth about what happened so I can use my experience to figure out what can be done to most effectively resolve the problem. If the client doesn’t tell me the truth or leaves important facts out of the version of events, then it will ultimately come back to haunt them. If they give me the good, the bad and the ugly, I can them be ready when the prosecutor challenges me with these facts and effectively deal with them. There are many different ways to handle a criminal case depending on the circumstances, but starting with the corrects facts is crucial to a successful outcome!
WHAT IS BATTERY?
Battery is defined as the intentional, offensive or harmful touching of another. Battery can be applied to various situations, and can arise in many different cases. There are also many defenses to the charge of Battery such as self-defense, defense to others, or mutual combat. In the past 25 years, I have defended many Battery cases, and have learned the in’s and out’s of how to properly defend someone from this charge. You have to look at the facts and circumstances revolving around the incident, and study the human element of the case closely. This can best be done by a face to face meeting and the client giving all of the information to the attorney and then the two of them designing a plan to achieve the right result for the client.
LEARN SOME OF THE POTENTIAL PUNISHMENTS FOR A BATTERY CASE IN LOS ANGELES
Most times a person is looking at a misdemeanor battery in cases that are filed in Los Angeles. There are exceptions to this general rule that apply if the harmful or offensive touching resulted in serious bodily injury. This can cause a criminal case to become much more serious and the person could then be facing prison time and a strike on their criminal record that they can never get off. This is why people say that no one every truly wins a fight, because in the Los Angeles court system, if you seriously injure someone in a battery case, the punishment could effect you the rest of your life.
Assuming that the defendant is charged with a misdemeanor battery, then the sentencing scheme is much more manageable to deal with. In fact, many of the clients that I represent in battery cases are able to get a diversionary program that can ultimately lead to them avoiding a conviction and keeping their record clean. Usually in order for the prosecutor and courts to give this type of a break to a criminal defendant, the defense attorney is going to have to show them the other side of the story and the defendant will likely have to have a clean criminal record.
It is amazing the difference in resolutions in battery cases if the injuries to the victim are not that substantial. The more serious the injuries are to the other person, the more likely the prosecutors and judge will be harsh when it comes to the punishment they want in the case. Of course concepts like self defense are relevant and can be successfully be used in the appropriate case.
THE DIFFERENCE BETWEEN A GENERAL BATTERY AND A DOMESTIC VIOLENCE RELATED BATTERY
Another thing to consider is that any battery in a domestic violence situation will be treated much more harshly than just a simple fight between two people who do not know each other on the street. It you or a loved one is convicted of a domestic violence related battery then you will lose your ability to own use or possess guns and ammunition for ten years, have to complete a 52 week domestic batterers course and have whole host of other conditions placed upon you by the court.
If, on the other hand, you are only convicted of a simple battery, that does not involve a significant other or a family member, then the ramifications are usually not as serious or onerous. Many times, in the simple battery situation the prosecutor will give you a chance to complete any number of programs and require community service in order to earn a dismissal and are much easier to work with than they would be if you had allegedly struck your spouse in some way.
I have even seen prosecutors and courts willing to let the parties to a battery enter into a civil compromise and dismiss all of the charges against the offending party. Of course all cases spin on their own facts and it is up to you to discuss your options with a seasoned local criminal defense attorney who has been down this path before and had success.