A person facing charges of battery may be wondering how they ever got into this situation. It is easier than you think to find yourself facing these types of charges. The different actions that could result in a charge of battery range from touching or pushing someone else in an “offensive way” to beating someone within an inch of their life. While it may seem ridiculous that actions with such varying outcomes could be categorized in the same way, it is still a fact that battery covers a multitude of offenses.
What Constitutes Battery?
Simple battery, under California Penal Code 242, consists of any willful and unlawful use of force or violence on someone else.
Situations that could result in a battery charge include:
- Putting your hands on your girlfriend when you're having a fight, even though you don't intend to hurt her, nor do you cause her any harm.
- You shove someone aside as you exit a building in anger.
- Lying in wait for an enemy and beating them up.
It may seem ridiculous that situations so far apart, in intent and result, could all end in charges of battery. But, they can, though the degree of battery may vary. In fact, if you simply try to use force on someone but aren't able to actually put your hands on them, you could be charged with a related crime known as “assault.”
Different Types of Battery
Simple battery is willfully touching someone else in a harmful or offensive manner. Simple battery is a violation of Penal Code 242.
If the battery, or willful use of unlawful force against another person, results in serious injury, you could be charged with “battery causing serious bodily injury,” a violation of Penal Code 243(d).
Battery on a police or peace officer is a violation of Penal Code 243(b) and 243(c) and can be classified as a felony, carrying with it much more serious punishments and fines.
Sexual battery, a violation of Penal Code 243.3, is defined as the unwanted touching the intimate part of another person for purposes of sexual gratification, arousal, or abuse. This can be charged as either a misdemeanor or felony, depending on circumstances.
Domestic Battery is one of the most common types of battery charges and is a violation of Penal Code 243(e)(1). Domestic battery involves willful and unlawful touching that is harmful or offensive and is committed against a spouse or former spouse, a cohabitant or former cohabitant, a fiance' or former fiance', a person with whom the defendant has had a dating relationship, or the parent of the defendant's child. Sometimes a person can be convicted of domestic battery, even if the victim is not injured in any way. That means that something as simple as pushing your significant other during an argument, grabbing and tearing your boyfriend or girlfriend's clothing, or scratching the face of your significant other, can all result in a charge of battery.
Misdemeanor Battery
Simple battery is a misdemeanor in many cases. A person charged with misdemeanor battery could face a fine of up to two thousand dollars and up to six months in jail. Simple battery can be “simple” to commit and, chances are, everyone has committed it, at one time or another, and never been charged with a crime. Something as minor as forcefully knocking an object out of another person's hand, spitting on someone, or shoving them aside constitutes battery. You can even be guilty of battery if you throw something that hits someone else and causes injury, even if you didn't mean to hit them with object that you threw.
While domestic battery is classified as a misdemeanor, it can be a difficult conviction to have on your record and can carry serious, long-term consequences.
Felony Battery Charges
If you commit battery against a police officer, EMT, firefighter, or certain other kinds of public servants, and that person suffers any kind of injury, you could be charged with a more serious crime, “Battery on a Peace or Police Officer.” The consequences for a felony conviction of battery is much more serious than that of a misdemeanor charge. Battery on a police officer or peace officer is a violation of Penal Code 243(b) and 243(c).
What's the Difference Between a Fight and Battery?
There isn't a lot of difference between fighting and battery, except in your defense of the charges. In the event of a fight, both parties may be charged with battery and the investigators and attorneys left to sort out what went on and who was at fault.
Can I be Charged With Battery if it's Self-Defense?
You can be charged with battery if the arresting officer believes you have committed battery. That doesn't necessarily mean that you will be found guilty, however. California's self defense laws allow you to use violence to protect yourself, as long as your actions are reasonable, under the circumstances. Reasonable circumstances means that you had reason to believe that you were in danger of being killed, injured, or touched unlawfully, that you reasonably believed that you were required to use force to stop that from happening, and that you used no more force than was needed to prevent the threat from taking place.
California's “Stand Your Ground” laws mean that you are not required to run away or escape before you use self-defense to protect yourself. However, none of these laws will make it impossible for you to be charged with battery for the time being. A law officer, coming upon an altercation, can not always make out who was the aggressor and who was simply defending themselves. So, even if you are only acting in self-defense, it is still possible to find yourself being charged with battery.
What Happens if I'm Arrested For Battery?
If you are arrested for battery, it's important to remember to STAY CALM! This may be difficult, especially given the chaotic and emotional situations that can result in a law enforcement officer being called to the scene. Once police have arrived, however, it's important to remember to conduct yourself in a way that won't get you into more trouble. Remember to:
- Cooperate with police officers, physically. Don't resist them, even if they feel the need to restrain you.
- Speak as calmly as possible, if you choose to answer their questions.
- Don't speak to or yell at the other party in the altercation.
- Conduct yourself in a dignified way, allowing the officers to see that you behavior was only what was necessary for self defense.
If you are arrested and charged with battery, the arresting officer should inform you of your Miranda Rights:
- You have the right to remain silent – They can't make you talk, other than to provide your name, address, and show some sort of identification, upon request.
- Anything you say can be used against you – If you choose to talk to the authorities, the statements you make can be used against you in court.
- You have the right to an attorney – You can ask to have an attorney present while they question you. If you ask for an attorney but continue to talk to the officers, while you wait for your attorney, the answers you give can still be used against you.
- If you cannot afford an attorney, one will be appointed for you – If you cannot afford an attorney, but would like to have one, the court will appoint an attorney for you, free of charge.
How Can I Get Out Of Jail After Battery?
Once you have been arrested, you will be transported to whichever detention facility is used by the arresting officers. Once there, you will be booked and charged with a specific crime. You will be allowed to make up to three free phone calls. You should use these calls to arrange for a battery bail bond so you can get out of jail fast. You can also contact a family member or friend and allow them to arrange a battery bail bond for you.
Call Mr. Nice Guy Bail Bonds first to get out of jail quickly. Their licensed, professional agents will work to get you out of jail as soon as possible. Call (844) 400-2245 for fast, professional, bail bond service.
How Much is Battery Bail?
The bail amount, for most crimes including battery, are set by a bail schedule. The authorities at the detention facility should be able to tell you how much your bail will be. Bail is the amount of money that the court holds onto in order to assure that you'll show up for all of your court appearances, arraignment, trial, etc. Once your case has made its way through the court system and you've complied with all of your appearances, your bail money will be refunded to you.
How Can I Get Battery Bail Bonds?
If you have the cash money to pay your bail, you can pay it and be on your way. However, if you lack the cash to pay your bail in full, you can contact a bail bonds company to pay it for you. Mr. Nice Guy Bail Bonds is the number one bail bond company in Southern California, and they'll work hard to get you out of jail as soon as possible. The amount that you pay a bail bond company, like Mr. Nice Guys Bail Bonds, is generally 10% of the total amount of the cash bail. By using a bail bond company, you can get out of jail for a fraction of the cost of paying full bail.
Once Mr. Nice Guy gets you out of jail, you are still obligated to show up to your court appearances and do what is required to see your charges through to the end. By asking Mr. Nice Guy to secure your battery bail bond, you are promising to do just that.
Can I Bail Someone Out of Jail if They've Been Charged With Battery?
The first thing you do is call Mr. Nice Guy Bail Bonds. For fees as low as *7%, Mr. Nice Guy and his team of licensed professionals will go to work to get your friend or family member out of jail fast. You'll need the full name, detention location, and booking number for fastest service. Call Mr. Nice Guy at (844) 400-2245.
Who Has The Lowest Rates On Battery Bail Bonds?
Mr. Nice Guy's licensed bail agents can process bail bonds for arrests throughout Southern California. Mr. Nice Guy Bail Bonds Inc. offers bail premiums as low as 7%* (the lowest bail bond rate allowed in California). No other bail bondsman can offer lower rates. Call now, or start the bail bonds process online.
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Other online services include free warrant checks and a direct link to the most Sheriff's Department databases.
If you need a bail bond in Southern California: if you want fast, private service at the best rates available; if you are looking for professional service, call Mr. Nice Guy toll free at (844)400-2245.
