Is battery a felony or misdemeanor in California? 12 Answers as of November 26, 2010

Is battery a felony or misdemeanor in California? Involving a fight with my son where the other guy is in the hospital.

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Law Office of Joseph Galasso
Law Office of Joseph Galasso | Joseph Galasso
If after the fight he ended up in the hospital it will likely be a felony. Depending upon his injuries the prosecution could file a great bodily injury allegation which could, if proven, add an additional three years in state prison. Thus, he could be looking at a minimum of five years in prison if the GBI allegation is proven. Self defense, defense of third person or mutual combat should be the focus for defense.
Answer Applies to: California
Replied: 11/26/2010
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
It depends on the facts.

Usually, simple battery is a misdemeanor. However, if someone is greatly injured, the case may be filed as "battery with serious bodily inury" which is a felony and a "strike" under California's Three Strikes Law.

There are also many lesser offenses (non-strike felonies and misdemeanors) and complete defenses (such as self-defense) that can be argued by a defense attorney.

If you want to talk more about this case, please call my office.
Answer Applies to: California
Replied: 11/24/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Battery with injury is a felony.
Answer Applies to: California
Replied: 11/24/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Injury will likely make it a felony charge. If he wants to hire counsel to help him, feel free to contact me.
Answer Applies to: California
Replied: 11/24/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Not easy to answer. A simple battery is a misdemeanor but w serious injuries it could be a felony. What court is he charged in? If in the Bay Area I could help you. If elsewhere I can help you find a good Atty. Call me.
Answer Applies to: California
Replied: 11/23/2010
    Law Offices of Philip P. De Luca
    Law Offices of Philip P. De Luca | Philip De Luca
    A battery can be pled by the prosecution as either a misdemeanor or a felony depending upon the severity of injury to the alleged victim, and/or other aggravating circumstances, such as the battery being part of the commission of another crime, etcetera.
    Answer Applies to: California
    Replied: 11/23/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    Battery can be either a felony or a misdemeanor in CA, depending on many factors. One of those factors is the degree of injuries, so if the other guy is in the hospital, it may mean that the battery will be filed as a felony. If you'd like to talk to me further about this, feel free to call.
    Answer Applies to: California
    Replied: 11/23/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Although a battery can be charged as a misdemeanor or a felony, if there is serious injury involved, it is likely they will charge your it as a felony. If the injuries are considered minor, then it may be charged as a misdemeanor.
    Answer Applies to: California
    Replied: 11/23/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    A simple battery is a misdemeanor. However, he could be charged with more than a battery if the injuries are serious.
    Answer Applies to: California
    Replied: 11/23/2010
    The English Law Firm
    The English Law Firm | Robert English
    Likely a felony if the other party was put in the hospital. There can be enhancements to a simple battery based upon the severity of the injuries. You should speak to an attorney. Call my office if you want more help.
    Answer Applies to: California
    Replied: 11/23/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Most likely filed as a domestic violence misdemeanor, which carries more severe consequences than a simple battery.
    Answer Applies to: California
    Replied: 11/23/2010
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