San Jose Battery Defense Attorney
Facing Charges for Battery?
Battery is defined as the unlawful touching or striking of another person, against their will. This may be done in an attempt to injure, offend or harass the victim. Depending on the manner in which battery is committed and whether the victim suffers serious injury, this crime may be classified as a misdemeanor or a felony in San Jose, California. A defendant may be at risk of facing anywhere from up to 6 months in jail to 4 years in state prison if convicted.
Why You Need the Law Office of Thomas F. Mueller on Your Side
Contacting a San Jose criminal defense attorney is crucial if you or a loved one has been arrested or is currently facing
criminal charges for battery. This serious matter needs to be handled by a competent legal professional if you are to have any opportunity of avoiding a conviction and maximum penalties, not to mention the extreme burden of living with a criminal record. Because battery may be counted as a "strike" on your record in some situations, it is all the more important to avoid a conviction. A second strike may result in double the penalties, and a third felony conviction of any kind will result in 25 years to life in prison.
Often, individuals find themselves in situations that get out of hand. Tempers can flare and arguments can devolve into fistfights or other physical contact. However, instead of simply moving on, some individuals are faced with serious battery charges that can have long-lasting effects on their jobs, families, and livelihoods. An experienced San Jose criminal defense attorney can help these individuals and others facing battery charges by providing a solid legal defense. With nearly 40 years of experience, Attorney Mueller has worked with close to 10,000 cases and has a track record of success. If you have been charged with battery, our team can review your case and gather evidence to help you reach the best outcome possible.
Understanding Battery Cases in San Jose, CA
Unlike assault cases, when bringing battery charges against another person, an individual does not need to show any intent to harm existed. While such intent is commonly involved in battery cases, it is not a required element. Battery cases generally include three components:
- intentional contact,
- which is deemed harmful or offensive,
- without permission from the victim.
It is important to note that, while such contact can be severe or brutal, even a slight touch can be considered battery. Since battery cases stem from harmful and offensive contact, the victim does not need to be injured to have a successful case. Obvious battery involves an attack of some kind and can include punching, kicking, hitting, scratching, biting, or other harmful behavior. However, less obvious cases can include something as simple as spitting on another individual. While not inherently harmful, spitting is generally considered offensive contact and can result in battery charges. When determining if a certain act or touch is offensive, judges often view the situation from the eyes of an "ordinary individual" to help them make their decision.
How to Challenge Battery Charges
In challenging battery charges, our law firm may look to prove that our client was acting in defense of him or herself or others. If you were acting in self-defense, the actions you took should not be considered criminal. The same may apply if the touching was accidental. We will thoroughly investigate your case from every angle to analyze the evidence or witness testimony the prosecuting attorney is planning on using against you.
By finding and exposing weaknesses in their case, we can work to help you avoid a conviction. Get a free case analysis from our firm for the help you need!