San Jose Battery Lawyer
Have you been charged with battery in San Jose, California? The consequences of a conviction can be serious and can significantly impact your life going forward – battery is a violent crime. Reach out to a San Jose battery lawyer as soon as possible to help craft your defense.
Our attorneys at Ahmed & Sukaram, Attorneys at Law have over 30 years of experience assisting clients facing criminal charges in virtually every criminal law practice area. To date, we’ve won thousands of criminal cases and have taken more than 50 to trial.
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How Ahmed & Sukaram, Attorneys at Law Can Help if You Are Facing Battery Charges in San Jose
A battery conviction can haunt you for the rest of your life in San Jose, CA. You could be facing time in jail on top of a significant fine. There are also collateral consequences that go beyond the penalties enforced by the criminal justice system. A San Jose criminal defense attorney can work with you to ensure no stone is left unturned regarding your defense.
The San Jose criminal defense attorneys with Ahmed & Sukaram, Attorneys at Law are highly adept in their field. Our legal team includes a California State Bar Certified Specialist in criminal law, and Super Lawyers has recognized our attorneys as a Rising Star nine times. When you hire us to defend you against the battery charges you are up against, we will:
- Investigate to gather evidence in support of your defense
- Negotiate with the prosecutors to reduce your charges or have them dismissed, if possible
- Keep you up-to-date on your legal options at all times
- Craft your best possible defense given the facts and circumstances of your case
- Bring your case to trial if the situation calls for it
Our criminal defense law firm offers a free initial consultation to review your case. Reach out today to get started with a battery lawyer in San Jose; there’s no obligation.
A Brief Overview of California Laws Pertaining To Battery
California treats assault and battery as two distinct charges, with battery potentially being the more serious offense. A person can be convicted of assault in San Jose, California, based on a mere threat of action. But to be convicted of battery, there must be actual force involved.
Battery is defined under California Penal Code Section 242 PC as “any willful and unlawful use of force of violence upon the person of another.” Although some sort of force is required for the state to convict you of battery, that force doesn’t need to physically injure the other person.
To convict on battery charges, the prosecution must prove every element of the offense beyond a reasonable doubt. Any of these elements can be a legal issue in your case, depending on the facts. These elements are:
- There was contact with another person
- That contact was willful or intentional
- The contact was harmful to the other person
Contact With Another Person
This element is satisfied when you directly touch the other person. It can also be satisfied when contact is made with another person via a foreign object. For example, throwing a glass bottle at someone would likely satisfy this element.
That Contact Was Willful or Intentional
To satisfy this element, the prosecution doesn’t need to prove that you, for instance, intended to hit someone with a glass bottle. The fact that you threw a bottle in someone else’s direction of your own volition would most likely meet the requirements of this element.
The Contact Was Harmful To the Other Person
Your contact with the other person must have harmed or been offensive to them in some way. Not every instance of contact between two people will be harmful or offensive; this element can rely on the subjective experience of the alleged victim. Whether the contact was harmful will hinge on the facts and circumstances of your case.
California describes aggravated battery under Section 243 PC. Various circumstances can give rise to aggravated battery, which will generally result in more significant penalties. For example, committing battery against a police officer can be charged this way.
Domestic battery refers to battery committed against, for example, a family member or spouse. This form of battery is described under Section 243 (e)(1) and carries significant consequences if convicted. Domestic violence is taken seriously in the State of California, and domestic battery is no exception.
This form of battery is covered under Section 243.4 PC and occurs when you contact another person’s intimate parts without their prior consent and for a sexual purpose. This form of battery also carries more severe penalties.
Our San Jose battery attorneys are experienced in representing clients facing the above forms of battery charges. They understand how to craft an effective defense that is tailored to the circumstances of the case at hand. Call us today for more information.
The Penalties for a Battery Conviction in San Jose, California
Battery is a “wobbler” offense – meaning it can be charged as a misdemeanor or a felony – so the penalties can vary drastically. The California criminal justice system allows prosecution discretion in how to charge its cases. That is why you’ll want a strong San Jose battery lawyer in your corner. An attorney can help ensure the prosecution does not get away with charging more than is fair.
If you are charged with simple battery only, it will most likely be charged as a misdemeanor. The penalties if convicted could be up to six months in jail or a fine of $2,000. Simple battery is where the elements of the offense are satisfied, but the other person is not physically injured.
The penalties for a felony battery conviction range from one year in jail to up to four years in prison. And the penalties for a domestic battery conviction can include probation, significant fines, up to four years in prison, and participation in counseling.
Recall the circumstances that can give rise to aggravated battery, such as battery committed upon a police officer. These circumstances can turn a simple battery charge into a felony battery charge if the prosecution decides to proceed as such.
On top of the penalties described above, you could face additional consequences due to a battery conviction. These consequences can include, but are not limited to:
- A criminal record, making it more difficult to find employment or housing
- Significant damage to your personal and professional reputation
- Issues with immigration
- Loss of child custody or visitation rights
It’s probably not in your best interest to defend yourself against these charges alone. The prosecution can more easily get away with overcharging your case if you do not have a reputable San Jose battery lawyer at your side. You might not know the tactics they commonly employ to secure convictions.
If you hire Ahmed & Sukaram to represent you, we will be sure to explore every possible avenue to have your charges reduced or dismissed altogether. Call us today for a free consultation with a lawyer in the State of California.
What Defenses Are Available if I Am Facing Battery Charges in San Jose?
Several defenses are available if you face battery charges in San Jose. Examples of defenses include:
- You were acting in self-defense
- The prosecution has not supplied enough evidence to prove every element of the charges beyond a reasonable doubt
- You have an alibi for the offense
- Your actions were not willful or intentional
- Your constitutional rights were violated
- The alleged victim was not harmed
These defenses can be available to have your charges dismissed or reduced to the more appropriate charges. Our San Jose battery lawyers can represent you effectively, and we have the experience to prove it.
Contact Our Experienced San Jose Battery Lawyers Today
You don’t have to defend yourself against the battery charges you are up against in San Jose, California, alone. Ahmed & Sukaram, Attorneys at Law is ready to vigorously defend your rights throughout your case.
We’ve taken 50 cases to trial and have won over 3,000 criminal cases during our 30 years of combined experience. Let us put that experience and track record to work for you.
Give us a call at your convenience or contact us online to set up your free initial consultation. We can review the facts of your case at that time, and there’s no obligation to hire us afterward. Our San Jose battery lawyers are standing by.