The crime of Battery can be charged as a misdemeanor or a felony depending on the circumstances. When the battery caused serious bodily injury, you can be charged with a felony battery. It is important that you obtain an experienced San Diego battery defense attorney as the penalty can be up to four years in prison and it may be charged as a strike for “three-strike” purposes if you are later charged with another crime. As your San Diego battery lawyer, our goal is to develop a winning strategy and effective battery crime defense, to avoid a conviction and greater penalties in a case involving:

  • Your girlfriend, spouse, or anyone else charged under “domestic violence” laws
  • An elderly or dependent adult
  • A Law Enforcement Officer
  • A Probation Officer or parole officer
  • A Fireman or emergency medical technician
  • A Physician or nurse performing emergency medical care
  • Anyone on the grounds of a hospital, school or park, or on public or private transit

In certain cases, we will investigate whether the battery crime arose from a physical conflict in which both sides share some blame. Also, we analyze the facts to determine whether the battery was an act of “self-defense.” Another strategy is to defend the charges of battery by establishing an “accidental” touching or contact as the prosecution must prove the touching was “willful” to obtain a conviction.

When the evidence establishes a lack of intent to commit a battery, we will demand the charges be dismissed. As an alternative, we will articulate the mitigating facts and circumstances to negotiate a felony charge down to a misdemeanor and/or to drop the misdemeanor to a lesser charge. Ultimately, our goal is to obtain a winning result for you.  Contact us or call now. We are available 24 hours, seven days a week.