California Battery Convictions

Battery is defined under California law as the unlawful use of force or violence upon another individual.  The punishment for a crime of battery depends largely on the type of injuries that the victim sustained.  Injuries are classified in three categories; minor injury, serious bodily injury and great bodily injury.      

If the victim suffers either minor or no injury, the defendant faces a conviction of misdemeanor battery.  Under California law, the penalties for this include up to $2,000.00 in fines and up to six months in a county jail.

When a battery is committed and serious bodily injury is inflicted on the victim, the battery is punishable by in the state prison for two to four years. If the battery caused great bodily injury to the victim, the prosecution may file a sentencing enhancement which may add up to six years in state prison, which is in addition to the penalty one faces for the underlying battery charge.

The classification of injuries differs from case to case, and could mean the difference between a few months in prison or several years.  What is problematic and often frustrating in battery cases is that the same type of injury found to be minor for one person, may be serious for another.

If you, or someone you know, has been charged with battery contact Los Angeles Criminal Defense Attorney Robert M. Bernstein today.