Dan Koukol is a criminal defense lawyer successfully defending battery cases in Placer County, including Roseville, Granite Bay, Auburn, Lincoln, Loomis, and surrounding areas, for more than 25 years.
If you are charged with battery, you need an attorney who:
I have represented hundreds of clients and my experience as a criminal defense attorney handling battery cases in Placer County, Roseville, Granite Bay, Auburn, Lincoln, Rocklin, and Loomis for more than 25 years allows me to get to the best outcome possible in your case.
If you are facing battery charges, call me at (530) 823-5400 to set up a free consultation.
Charge | Description | Severity | Sentence Range With Probation | Sentence Range Without Probation |
Penal 242 | Battery | Misdemeanor | 0 to 180 days | 0 to 180 days |
Penal 243(b) | Battery of police | Misdemeanor | 0 to 365 days | 0 to 365 days |
Penal 243(c)(1) | Battery of police causing injury | Felony | 0 to 365 days | 16m, 2y, or 3y |
Penal 243(d) | Battery causing serious injury | Felony | 0 to 365 days | 2y, 3y, or 4y |
Penal 243(d) | Battery causing serious injury | Misdemeanor | 0 to 365 days | 0 to 365 days |
Penal 243(e) | Battery or spouse or cohabitant | Misdemeanor | 0 to 365 days | 0 to 365 days |
Penal 243.2 | Battery at school or park | Misdemeanor | 0 to 365 days | 0 to 365 days |
You commit battery when you intentionally and unlawfully use force against another person. Even the smallest touch can trigger a battery charge if it is done in an angry or offensive manner.
There are many different varieties of this offense. One of the lowest level batteries is referred to as simply “battery” and is a misdemeanor that carries a maximum jail term of six months.
Some battery charges are based upon the victim, such as battery of an officer or emergency personnel, battery of a spouse, or battery of a school officer or sports official. Some charges are based on the existence of injuries caused by the battery, such as battery causing serious bodily injuries, or other circumstances of the battery, such as sexual battery.
Some forms of battery are considered wobblers (meaning they can be charged either a felony or a misdemeanor depending on the circumstances of the crime and your criminal record) and are not a strike.
It is important to understand that a misdemeanor conviction for battery results in a 10-year prohibition from possessing a firearm. A felony conviction results in a lifetime firearm possession prohibition, though in some cases the lifetime ban can be reduced to the 10-year ban.
A note about battery and assault: Many people believe assault and battery are the same thing. But battery must result in an offensive touching, where assault does not require any actual bodily contact.
Burden of proofTo prove you are guilty of this crime, the prosecution must prove that:
Although the specific legal defenses that apply to your case will vary, several defenses are common to battery charges. Some of these include (but are not limited to):
If you decide you cannot successfully defend against the charge, and you need to enter an admission to settle your case, you will want to:
If you are facing battery or other charges, I can help. Call me at (530) 823-5400 to set up a free consultation.