Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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The four main differences between simple battery and aggravated battery involve:
You commit the crime of simple battery if you
By contrast, you commit aggravated battery if you
These include committing battery:
A few examples of simple battery are:
A few examples of aggravated battery are:
The “elements” of a crime refer to what a prosecutor must prove in order to convict a defendant of that offense successfully.
Under the battery laws of most states, a prosecutor must prove the following elements to secure a conviction for the crime of simple battery:
For the crime of aggravated battery, a prosecutor must still prove the above elements. In addition, most states say that a prosecutor has to prove that the battery either:
The precise definition of “aggravating circumstances” will vary depending on the state that files the battery charges. But the term most often means that you committed battery:
Most often, yes. Recall that a prosecutor does not necessarily have to prove that an injury did in fact occur to convict you on a simple battery charge successfully.
The focus is rather on the offensive touching. Most states say that the offensive manner of the touching is what is considered injurious.
Similarly, a prosecutor does not technically have to prove that an injury occurred to convict you of aggravated battery successfully. This is true provided that he/she can show that you committed a battery under some other aggravating circumstances.
However, aggravated battery cases do often involve victims who suffer:
Most often, yes. Most jurisdictions say that simple battery is a misdemeanor offense. A misdemeanor charge is typically punishable by:
In contrast, the penalties in aggravated battery cases are typically more severe than in simple battery cases.
For example, some states say that a prosecutor can charge the crime as either a misdemeanor or a felony, depending on the:
A felony charge could result in a jail sentence or state prison sentence of up to four years or more.5
The criminal laws of some states even say that an aggravated battery conviction is treated as a straight felony. That is, a prosecutor does not even have the option to charge the offense as a misdemeanor.6
Sometimes, yes. You can challenge criminal charges in battery cases with a legal defense. This is true for both misdemeanor battery cases and felony battery cases.
Common defenses in a simple battery case include showing that:
You can raise these same defenses in cases involving aggravated battery. But you can also raise the defense that:
Remember that no matter if you are facing a simple or aggravated battery charge, you will need to contact a criminal defense attorney for help. A criminal defense lawyer will know the best defense for your specific case.
Defense attorneys and law firms/law offices usually provide free consultations. A free consultation means you can get skilled legal advice with no fee attached.
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.