If you have received a call from a family member who has been arrested for misdemeanor battery in California, you are probably going through a roller coaster of different emotions. You might be angry, confused, and fear for the safety of the ones you love – all at the same time. While there is a reason to be emotional, now is the time to get put everything aside and try to understand what the charge means and how serious they really are. By understanding what infractions fall under the penal code of misdemeanor assault and battery, you can educate yourself on possible outcomes and get a little peace of mind.
How Serious is A Charge of Misdemeanor Battery?
Misdemeanor battery, which is more commonly referred to as “simple battery” in the state of California, classifies a number of different infractions. In some cases, simple battery can fall under domestic battery. This occurs when the incident happened between two individuals who live in the same home – regardless of whether or not they are involved in a romantic relationship.
A victim can file a battery complaint if any type of unwanted physical touching was involved. This can include slapping, pushing, kicking, and even spitting. It is important to keep in mind that there are different sections of the code that include battery causing serious bodily injury, as well as domestic battery, which carry more serious penalties and punishments.
Potential Penalties and Punishments in California
The penalties an accuser faces for a simple battery charge can vary. The details of the case, as well as the defendant’s criminal history, will all come into play when the judge is deciding on a punishment. If you face a misdemeanor charge, you can expect that all of the following may apply:
* Probation of up to 3 years. If you break the law within this period, you will serve the suspended sentence for the batter charge.
* Serve up to 6 months in a county jail in San Diego.
* A fine of up to $2000.
* An order to complete a batterer’s program or a specific number of days of community service.
* Restitution to the victim up to the amount ordered by the judge.
Generally, if there is not seriously bodily injury involved, the charges will be considered a misdemeanor. The maximum jail sentence for any misdemeanor battery charge is one year in jail.
Options of Defense
You can see that even misdemeanor battery charges are taken very seriously in the state of California. This is why most people choose to fight the charges so they will not appear on their record. The accused may hire an attorney, develop a defense strategy, and attempt to have the charges reduced or dropped. Some of the various defense strategies include:
* self-defense
* consent
* accidental contact
Fighting your case from behind bars can be very difficult. If you want to give your loved one the best chance, you should always consider bailing them out of jail so that they can prepare for trial as a free citizen. Not only does bail help the defendant get ready for trial, it also gives them a chance to work and take care of their obligations while they are awaiting their trial date.