While most people would agree that assaulting someone should have consequences, it can equally be argued that charging someone with a felony for punching someone is excessive. Continue reading to learn about the circumstances in which hitting someone might result in a criminal prosecution. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation if you are facing battery charges.

Situations that may lead to a felony battery charge for punching someone

There are two basic scenarios in which hitting someone might result in felony battery charges. First, punching a public official (such as a police officer, EMT, or fireman) can result in criminal charges. Second, a person can be prosecuted with felony battery if they strike someone and inflict significant bodily harm. It's worth noting that these are still wobbler offenses, meaning the prosecution has the option of charging the case as a misdemeanor or a felony.

Options for defending against battery charges

There are always defense possibilities, whether the charge is a felony or a misdemeanor. There are a few different types of battery chargers. To begin, we may claim that you acted in self-defense. For example, if someone was threatening you with a knife and you hit them, this would be considered self-defense, and you should not be held accountable.

Second, we may be able to demonstrate that you did not act voluntarily. The prosecution must be able to establish that the act was purposeful in order to prove all elements of a battery case. For example, if you were upset and tried to punch a wall but were stopped at the last moment, this is not a purposeful conduct and does not fit the criteria for a conviction.

The consequences of a battery conviction

If the offense is a misdemeanor, the maximum penalty is summary probation, six months in prison, a $2,000 fine, or any combination of these penalties. The prosecutor may still charge it as a misdemeanor if the charge meets the felony requirements (i.e. if it was against people in specific positions such as police officer, animal control officer, firefighter, process server, EMT, paramedic, process server, security officer, lifeguard, or a medical professional providing emergency services).

The penalty, however, is increased to a maximum of a year in prison. If you are charged with a crime, you might face a sentence of 16 months, two years, or three years in jail. If you have been charged with battery, you should seek the assistance of a criminal defense counsel. For a free legal consultation, contact Law Office of Michael L. Fell at (949) 585-9055. We can examine your case and provide legal advice on the best course of action.