Further, the use of force or violence is not unlawful when done in self-defense or the defense of others, i.e. lawfully. The burden is on the government to prove that the use of force or violence was not in self-defense or in defense of others. If there is a reasonable doubt that the use of force or violence was unlawful, a jury will be instructed to find you not guilty.
As set forth in California Penal Code Section 243
, the punishment for misdemeanor battery is:
a. $2000 fine;
b. 6 months in jail, or
However, the penalties are substantially more severe if the Battery is upon a police officer or other person in an official capacity, or if the Battery results in Great Bodily Injury.
a. $10,000 fine;
b. 1 year, 16 months, 2 years, 3 years or 4 years; or
If you have been charged with Battery, is imperative that you contact Brownstein Law Group now
. There are many defenses to this serious allegation, and it is critical to investigate these defenses at the earliest stage possible.