A battery is any willful and unlawful touching of another person that is harmful and offensive. Any contact with with another person, including through clothing, is enough. The touching does not have to cause pain or injury of any kind.
Fighting to Prove Your Innocence
If you believe you are innocent, you should request the services of the public defender or hire a private criminal defense attorney. Your attorney will be able to:
- Draft and file motions and other papers;
- Create and exploit weaknesses in the prosecution's case;
- Conduct a trial, including calling witnesses, cross-examining prosecution witnesses, and introducing evidence of your innocence;
- Present argument for lesser punishments.
Punishments include loss of gun rights, 3 year probation, a maximum $2,000 fine and 6 months of jail time.
Loss of gun rights
In California, a battery conviction results in loss of the right to own, possess, purchase, or receive firearms. The court can order a person with an outstanding warrant for battery to surrender his or her guns.
Gun rights return 10 years after a misdemeanor battery conviction. A felony conviction can result in permanent loss of the right to own a gun.
Domestic violence is battery upon a current or former partner, including husband, wife, partner, girlfriend, boyfriend, or cohabitant.
Domestic Violence Penalties
The punishments for domestic violence include a restraining order, one year batterer's treatment program, 3 year probation, restitution to the victim, domestic violence shelter fee, court fines, and community service.
A restraining order is a court order to stay away from certain people or places. In many domestic violence cases, the court orders the defendant to stay away from the victim and the victim's home.
The court can order the defendant to stay away from the children, if children witnessed or were involved in the abuse.