What are Defenses to Battery in California?

Battery charges are taken very seriously in California. Under state law, battery is defined as using illegal force or violence against another person. Battery charges range in severity and having a strong defense strategy can greatly impact the outcome of your case. Below, our San Diego battery defense lawyer explains some of the most common strategies used in these cases.

Self-Defense 

Self-defense is one of the most commonly used defenses in battery cases. When claiming self-defense, you must prove the following:

• You believed you were in immediate danger of suffering bodily harm.
• You only used reasonable force to prevent the harm from occurring.
• The threat was unavoidable and imminent.

Defending Others

Like self-defense, you are allowed under state law to use reasonable force to protect others, such as your family, from bodily harm. When using this defense you must show that you had reason to believe someone else was in imminent danger and you used reasonable force to protect them from harm.

Accidental Physical Contact

The offense of battery requires intent and accidentally making physical contact with another person is not a crime. If you can show that you did not intend to make physical contact, this may help you avoid conviction. Surveillance footage of the incident or eyewitness testimony is important when using this defense.

Consent 

In certain cases, you may be able to show that the alleged victim consented to the physical contact. For example, if you were roughhousing with a friend and they fell and became hurt, battery charges would likely not apply because they agreed to participate in the behavior.

False Accusations 

It is not uncommon for people to falsely accuse others of battery, unfortunately. If you can prove through strong evidence that you did not commit battery upon another person, this can greatly help your case. As with most defense strategies, you must prove your case using strong evidence. This can include emails or text messages, witness statements, or surveillance footage.

Insufficient Evidence

As with any criminal case, the prosecution must prove that you are guilty of committing battery beyond a reasonable doubt. If the state does not have sufficient evidence against you to prove their case, it can result in your case being dismissed or your charges being reduced. Our experienced defense attorney can question the reliability of the evidence against you, challenge the credibility of witnesses, and show inconsistencies in the prosecution’s case.

Procedural Errors

Law enforcement must uphold your rights during an investigation or arrest. If they conducted an unlawful search, failed to read you your Miranda rights, or coerced a confession, it can result in important evidence against you being thrown out. Without this evidence, the prosecution may not have a case, providing you with the defense you need.

Our Battery Defense Lawyer in San Diego Can Advise On Your Case 

If you have been charged with battery, or any other criminal offense, you need a strong defense strategy. At Anthony Z. Vargas, Esq., our San Diego battery defense lawyer can advise on the best defense for you, present evidence to strengthen your case, and ensure you receive the best outcome possible. Call us now at 858-859-1224 or contact us online to schedule a consultation and to get the legal help you need.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=242