Defending Yourself Against Battery Charges Involving a Police Officer in California
Understanding Battery Charges Involving Law Enforcement
Battery against a police officer is a serious offense in California, governed by California Penal Code Section 243(b) and 243(c). The law imposes harsher penalties compared to simple battery charges due to the involvement of a peace officer performing their duties.
For the prosecution to secure a conviction, they must prove:
- The victim was a law enforcement officer performing their duties at the time.
- The defendant knew or should have known the victim was a police officer.
- The defendant willfully used force or violence against the officer.
Penalties for Battery Against a Police Officer
The severity of the penalties depends on the circumstances of the case. If no injuries occur, the charge is typically a misdemeanor, but if injuries are inflicted, it may be escalated to a felony.
- Misdemeanor: Up to one year in county jail and a fine of $2,000.
- Felony: 16 months to 3 years in state prison and potential additional fines.
- Additional penalties may include probation, community service, and mandatory anger management programs.
Defenses Against Battery Charges Involving a Police Officer
Effective defense strategies can reduce or eliminate charges. Common defenses include:
- Self-Defense: Arguing that the officer used excessive force, requiring you to act in self-protection.
- Lack of Knowledge: Demonstrating you did not know the individual was a police officer.
- No Willful Intent: Proving that the act was accidental rather than intentional.
- False Accusation: Presenting evidence that you were wrongfully accused.
Each case is unique, requiring personalized strategies tailored to its circumstances.
Steps to Take if Accused
If you are accused of battery against a police officer, follow these steps to protect your rights:
- Hire a Lawyer: Contact a criminal defense attorney experienced in violent crime cases.
- Avoid Speaking to Authorities: Do not make statements without legal representation.
- Gather Evidence: Collect any footage, witness statements, or documents supporting your defense.
- Maintain a Low Profile: Refrain from discussing the case on social media or in public.
How a Defense Attorney Can Help
Working with an experienced attorney ensures you receive the best defense possible. They can:
- Examine the evidence against you for inconsistencies or errors.
- Challenge the legality of the officer’s actions during the incident.
- Negotiate with prosecutors for reduced charges or penalties.
- Represent you effectively in court to secure the best outcome.
Related Resources
Protecting Your Reputation: How Professionals Can Respond to Accusations of Sexual Misconduct
Understanding the Stakes of Sexual Misconduct Accusations
For professionals, a sexual misconduct accusation can have severe implications, from tarnished reputations to loss of career opportunities. Accusations, whether founded or not, must be handled with the utmost care and precision to mitigate long-term damage.
According to California law, sexual misconduct encompasses a wide range of behaviors, including harassment, inappropriate conduct, and assault. The consequences vary, but they often include disciplinary actions, civil lawsuits, or even criminal charges.
Immediate Steps to Take After an Accusation
Reacting appropriately to an accusation can significantly impact the outcome of the case:
- Stay Calm: Avoid public statements or actions that might exacerbate the situation.
- Consult Legal Counsel: Engage a lawyer specializing in workplace or criminal defense to guide your response.
- Preserve Evidence: Save emails, texts, and other communications that could support your version of events.
- Refrain from Retaliation: Any perceived retaliation could worsen your position legally and professionally.
- Notify Your Employer (if necessary): Seek advice from your attorney before making disclosures to your workplace.
Legal and Professional Implications of Sexual Misconduct Accusations
Accusations of sexual misconduct can lead to:
- Professional Consequences: Termination, suspension of licenses, or damage to business relationships.
- Legal Consequences: Civil liability for damages or criminal penalties, including prison time.
- Social Consequences: Loss of community standing and personal relationships.
For professionals, the implications can be devastating, emphasizing the need for a proactive and strategic response.
How to Rebuild Your Reputation
Even if the accusation does not result in legal action, rebuilding trust is essential:
- Work with PR Experts: A professional public relations expert can help manage your image and narrative.
- Demonstrate Accountability: If applicable, apologize and commit to learning from the experience.
- Engage in Community Work: Positive actions can help shift public perception over time.
Defense Strategies for Sexual Misconduct Allegations
A defense attorney may use the following strategies:
- Challenging Evidence: Questioning the credibility and admissibility of the accuser’s claims.
- Proving Consent: Demonstrating that any alleged misconduct was consensual.
- Mistaken Identity: Establishing that you were not involved in the incident.
- Lack of Intent: Showing that your actions were misinterpreted or unintentional.
Additional Resources for Professionals
Consider these related articles and services:
Essential Steps to Take When Accused of a Sexual Offense in California
Understanding Sexual Offense Accusations
Being accused of a sexual offense is a serious and potentially life-altering event. California laws surrounding these crimes are stringent, aiming to protect victims while ensuring justice. However, wrongful accusations are not uncommon, making it crucial to take immediate steps to safeguard your rights and reputation.
Under California Penal Code Sections 243.4 and 261, offenses such as sexual battery and rape carry severe penalties, including prison sentences and mandatory registration as a sex offender.
Immediate Actions to Protect Yourself
- Remain Silent: Anything you say can be used against you. Avoid discussing the case without legal counsel.
- Hire an Experienced Lawyer: Retain a defense attorney specializing in sexual offense cases to guide you through the legal process.
- Avoid Contact with the Accuser: Reaching out can worsen the situation or lead to allegations of witness tampering.
- Document Evidence: Collect emails, messages, and any relevant proof that supports your case.
- Understand Your Rights: Familiarize yourself with legal protections, including the presumption of innocence until proven guilty.
Consequences of Sexual Offense Convictions
Convictions for sexual offenses can result in:
- Prison sentences ranging from years to life, depending on the severity of the crime
- Permanent registration as a sex offender under Megan’s Law
- Loss of professional licenses and employment opportunities
- Irreparable damage to personal and professional relationships
This highlights the importance of robust legal representation to challenge allegations effectively.
Common Defense Strategies
A skilled lawyer may use one or more of the following defenses:
- Consent: Arguing that the encounter was consensual
- False Allegations: Proving the accuser’s motive to fabricate claims
- Mistaken Identity: Demonstrating that you were not involved in the alleged incident
- Lack of Evidence: Highlighting the absence of proof to meet the burden of guilt beyond a reasonable doubt
How a Defense Lawyer Can Help
An experienced sexual offense defense lawyer will:
Understanding Assault and Battery Charges in California
What Constitutes Assault and Battery in California?
Assault and battery are distinct yet often interconnected charges in California. While assault refers to the attempt or threat of causing harm, battery involves actual physical contact or harm. Understanding the differences between these charges is critical to mounting an effective defense.
According to California Penal Code 240, assault is defined as an unlawful attempt coupled with the ability to commit violent injury on another. On the other hand, battery, under Penal Code 242, involves willfully using force or violence against someone else.
Potential Penalties for Assault and Battery in California
The penalties for these charges depend on the severity and circumstances surrounding the incident. Misdemeanor charges for simple assault can lead to up to six months in county jail and fines of $1,000. However, aggravated assault or battery—particularly against law enforcement—can result in years of imprisonment.
- Misdemeanor Assault: Up to six months in jail and $1,000 fine
- Aggravated Assault: 2-4 years in prison
- Battery on a Peace Officer: 1-3 years imprisonment
It is essential to have a defense attorney experienced in violent crimes in California to reduce penalties or dismiss charges.
Defense Strategies for Assault and Battery Charges
Successful defense strategies include proving self-defense, lack of intent, or mistaken identity. An experienced lawyer can examine evidence, including surveillance footage and eyewitness testimonies, to build a robust case.
“Self-defense claims can be particularly effective if the defendant faced an imminent threat of harm and used reasonable force to protect themselves.” – David Rosen
Why Hire a California Assault Defense Lawyer?
Assault and battery charges can have life-altering consequences, including job loss and a damaged reputation. Hiring a specialized defense attorney ensures you have expert guidance through the complexities of California law.
Learn more about our violent crimes defense services.
Related Resources
Knowledge is crucial in complex legal conflicts, particularly sex crime cases. Defendants need tailored assistance to understand their legal rights and make appropriate decisions while protecting their best interests. This blog reiterates the value of legal expertise in settling such significant allegations. LibertyBell Law Group empowers people to traverse this challenging time with our knowledge and experience. Our seasoned legal team provides individualized help targeted at each client’s specific needs to obtain success despite hardship.
Knowledge of Legal System:
Understanding your legal rights is crucial if you’re accused of sexual offenses. This means knowing you have the right to a lawyer, the right to stay quiet, and protection from unfair searches and arrests. Armed with this knowledge, you can defend yourself effectively and safeguard your legal rights, ensuring a fair process.
Leveraging Legal Representation:
Obtaining competent legal counsel is crucial when facing allegations of sexual misconduct, as previously discussed in our prior discussions. Experienced lawyers have the knowledge and skills to provide well-informed recommendations, and testify throughout legal procedures, as well as develop comprehensive defense plans that are specifically designed for the unique aspects of each case
Individuals can develop informed decisions regarding their defense, anticipate potential repercussions, and gain clarification on the allegations against them by cooperating closely with legal representation.
Challenging Evidence:
We scrutinize the prosecution’s evidence to establish a solid defense. This process involves extensively evaluating statements from witnesses and legal papers for discrepancies. As emphasized in previous discussions, gathering and preserving evidence that supports your case is crucial during this challenging time.
Competent defense lawyers identify witness prejudices, challenge the accuser’s credibility by studying their prior conduct and intentions, and carefully review the evidence for flaws or contradictions. Defense attorneys carefully review the prosecution’s evidence to cast doubt on their client’s case and give the jury or judge cause for questioning.
Adherence to Court Proceedings:
Compliance with court sessions and attendance at all legal proceedings are pivotal. Emphasizing the importance of fully complying with court mandates and attending all legal proceedings is crucial. Those facing legal claims must demonstrate unwavering obedience to their legal duties throughout the judicial process, comply with court orders in a stringent manner, and complete the prescribed terms for their release via bail or release. Rest assured, the LibertyBell Law Group stands ready to offer you personalized assistance and support throughout this difficult period.
Keep Calm and Stay Focused.
Keeping your calm displays sincerity and honesty, upholding your reputation for integrity regardless of facing severe allegations. This shows you are handling the matter properly and responsibly. Impulsive or emotional actions may worsen the matter, jeopardizing your image or legal standing. Composure allows for thoughtful consideration and strategic planning.
Conclusion:
People caught up in chaotic sexual crime allegations face a challenging legal system, and knowledge serves as their most powerful tool. It is crucial to understand your rights and the systems in place. It’s not enough to know the laws—you must also comprehend the complicated proceedings, your rights, and how they apply to you.
This is where LibertyBell comes in. Our team of lawyers understands the law and is more than simply advisors—we’re your allies in this challenging moment. We provide clear explanations, simplify complex legal concepts, and establish a strong legal foundation. We’re here to help you overcome this accusation and achieve the best outcome.
Looking for a Lawyer capable of assisting you with a Sex Crime Case?
Look no further than LibertyBell Law Group in California. Our dedicated teams of lawyers specialize in handling these sensitive cases, providing you with the expertise needed to navigate through this challenging time.
Make us your top choice when you need someone to advocate for your case and help you avoid potential harm to your life. For guidance or to schedule a free consultation with one of our skilled attorneys, contact us today at 877-545-3127. Trust LibertyBell Law Group to stand by your side and fight for your rights.
Call Now!+1 818-806-0943
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
In renowned professions, maintaining their good name is a professional obligation with extensive repercussions. Reputational damage may spread swiftly in today’s interconnected world and irreversibly damage one’s career and personal life. In an era of accountability and transparency, professionals seeking long-term success and reputation must maintain a spotless track record. This article offers specific guidance for professionals facing sex crime allegations to safeguard both their image and their profession. We are going to give you helpful advice regarding how to handle the public’s opinion and stay upfront throughout the legal procedure.
Maintain Composure.
Exhibiting composure demonstrates professionalism and honesty, therefore safeguarding your reputation even when confronted with grave accusations. This demonstrates that you are approaching the matter with a high level of seriousness and responsibility. Acting on impulse or emotion may often worsen the problem, perhaps resulting in more harm to your reputation or legal entanglements. Keeping calmness enables one to react with careful consideration and smart planning.
Seek legal reinforcement.
Legal processes could seem complicated as well as daunting. If you have legal counsel, they’ll be knowledgeable about the rights you have, including the presumption of innocence, fair trial, and self-incrimination. A highly qualified lawyer will outline court procedures, collecting evidence, and settlement negotiation. They can clarify legal tactics’ probable outcomes and assist you make litigation judgments.
Preserve and gather all evidence.
In a criminal trial, the prosecution must prove guilt beyond a reasonable doubt. Credible proof could demonstrate your innocence or weaken the prosecution’s case. Through preserving and collecting evidence, you help your lawyer create a strong defense. Presenting convincing evidence in your defense helps guarantee a fair and balanced legal procedure and the greatest possibility of a positive conclusion.
Exercise your right to remain silent.
Allowing your lawyer to properly build your defense plan by keeping silent. Statements made due to pressure or perplexity might be overlooked. Even harmless comments might be twisted to favor the prosecution. Your lawyer can evaluate the case, acquire important facts, and advise you on the best course of action without being hampered by impulsive statements.
Avoid engaging in social interaction
Nowadays social media enables individuals to express themselves freely. Remember that everything that you say or post online might be used against you without authorization from you. Limiting online activities will provide you peace of mind, clarity, and avoid disclosure, which can be a help to your professional and personal standing. Aside from that, you’re doing your legal counsel a favor since no harmless statements can happen.
In summary, the journey ahead for professionals accused of sex offenses can be intimidating and challenging. Individuals may proceed through the legal process with careful planning, credibility, and determination by adhering to these guidelines and collaborating closely with a trusted legal advocate. Professionals may withstand the storm of hardship and emerge with their good reputation intact, given that at LibertyBell Law Group, we value honesty, openness, and a firm devotion to what is right.
Seek legal assistance from the top Sex Crimes Lawyers in California at LibertyBell Law Group.
A California Sex crimes defense lawyer can help you fight charges. For years, our Southern California lawyers have created successful legal approaches for people we represent. We provide free consultations to discuss your legal decisions and subsequent actions. Call LibertyBell Law Group at 877-545-3559 for specific legal counsel!
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
Sexual crimes, including sexual offense charges, involve a complex process of legal intricacies involving severe repercussions or penalties for those found guilty. In general, sexual offense arises from lack of consent by one party to a sexual act or having engaged with an individual who is not legally capable of providing consent. Being officially registered as a sex offender negatively impacts one’s life due to ostracization and isolation within social communities. With that, we understand how overwhelming dealing with sex offense charges can be, but you’re not alone. Our firm is here to guide you through the complexities of the legal process, providing you with the understanding and support you need every step of the way.
Identifying the Charges
Sex offense charges vary widely, from harassment and indecent exposure to more severe allegations like sexual assault. Each type carries different legal definitions and potential consequences. Our first step is to clarify the specific charges against you and what they could mean for your future.
What Happens After an Arrest?
If you are arrested, you’ll go through a booking process where your details are recorded. Bail might be set, which is a way to ensure you return for your court dates. We aim to support you from this initial stage, helping you to manage bail conditions and ensuring you understand your rights.
Preparing for Trial
Before the trial, several preliminary steps occur, such as arraignments, pre-trial conferences, and motions. These stages are opportunities to possibly resolve the case without a trial or to set up a more favorable trial environment. We handle these critical steps with careful attention to detail and strategic planning.
The Trial
If your case goes to trial, we present evidence, challenge the prosecution’s case, and strive to ensure your story is heard effectively. We understand that trials can be daunting, so we keep you informed and prepared throughout the process.
Sentencing
In cases where there is a conviction, the next phase is sentencing. We advocate for the fairest, most lenient sentencing possible, considering all aspects of the case and your personal circumstances.
Considering an Appeal
Should the need arise, a review of the trial proceedings for any potential errors should be conducted and you should be advised on the possibility of an appeal. This review is thorough, aiming to identify any viable grounds for appealing the decision.
All in all, confronting charges of a sexual offense may significantly affect one’s life, but that does not indicate that one should face this alone. LibertyBell Law Group is here to provide professional guidance and empathetic support with the goal to assist you during this challenging period.
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
A sexual crime accusation, regardless of whether it is false, can change your personal and professional standing. You must take action immediately to safeguard your rights and establish a strong appeal. This article will delineate the essential actions that one should contemplate after receiving the accusation of committing a sexual offense, along with providing helpful recommendations to aid in the process. Additionally, this serves as a manual for how one can confidently and effectively navigate this difficult circumstance.
Exercise your right to remain silent.
It is critical to exercise one’s right to remain silent when accused of sexual misconduct. Refraining from providing comments or discussing the case in the absence of your attorney should be one of your highest priority, as anything you say could be used against you. Wait until you have your attorney’s authorization to testify and speak on behalf of yourself.
Seek legal reinforcement immediately!
Find legal representation to help you through the legal procedures as soon as you learn of the sexual crime accusations against you. The significance of an experienced attorney who will defend your best interests in court proceedings should not be disregarded.
Preserve and gather all evidence.
You must diligently gather and safeguard every piece of proof that can establish and solidify that you are innocent. This includes all types of communications that might vindicate or disprove the accused. This includes emails, texts, and other electronic communications. Moreover, collecting all necessary documents might also help you in this case.
Maintain strict confidentiality.
Anyone who has been accused, more so of a sexual offense, should understand that everything that they will say, testify, and/or comment to their attorney is confidential. Maintain absolute confidentiality for your own benefit by communicating only with members of your legal team in order to prevent concerns, issues, and wordplay regarding what you intend to say.
Avoid engaging in social media.
Social media is a modern platform that allows us to freely express ourselves. It is necessary to understand that anything you say or publish digitally has the potential to be utilized against you, regardless of your consent. Restricting your online activity will not only give you peace of mind and clarity, but also prevent you from disclosing anything.
Whether unfounded or proven, sexual crimes and accusations are serious offenses which have the potential to significantly impact an individual’s life. Failing to follow the prescribed procedures can impede the resolution of such cases. It is important that you conform strictly to all of the guidelines provided in order to guarantee a smooth process. Our firm is eager to provide assistance in this matter, which means there is no reason to worry knowing that you are in capable hands. We are here to help you navigate through this difficult period.
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
Being accused of battery by a police officer is a stressful and surprising experience. However, California law clearly defines this as a willful and unlawful act. A violent crimes defense lawyer in California can help you defend yourself and protect your rights.
Battery or assault on a police officer comes with steep fines and potential jail time. Fortunately, there are many potential defenses against these battery accusations, and criminal defense attorneys can help you argue your case to avoid fines and jail time.
What is Battery on a Police Officer in California?
In every state, a battery of a police officer is a serious offense. Battery often includes physical harm, but it may also include any form of offensive contact, like spitting.
Other peace officers, like any probation officer, security guard, and any other public officer, are also covered by battery laws.
Assault vs. battery can be best defined as the difference between a threat and the action itself. Battery covers all offensive touching, including touches that aren’t inherently violent or harmful.
Although these crimes may not cause injury or harm, they’re considered violent crimes.
Elements of the Crime – Battery on a Police Officer
In order for the prosecution to charge someone with battery on a law enforcement officer, they must prove certain things.
- The individual willfully and illegally touched the police officer.
- The officer was performing their job duties when the incident took place. That means that an off-duty officer is not protected in the same way as an on-duty federal law enforcement officer.
- The accused should have been reasonably expected to know that the person was an on-duty officer.
There are many potential complications here, such as plainclothes officers, that can be used for legal defenses.
Accidental touching, for example, can be an excuse for some battery instances. A disabled person may not have total control over their movements, leading to accidental brushes or arm touches. Intellectual disabilities may also affect a person’s movements.
Penalties for Battery on Police Office in California
A battery on a police officer is considered more serious than a simple battery incident. It potentially carries serious penalties, depending on the specifics of the incident.
If there was no bodily injury to the officer, it is considered a misdemeanor. The penalties will be up to a year in county jail and a fine of up to $2,000.
However, if there was any kind of bodily injury, it can be charged as either a misdemeanor or felony. The final decision will come from any previous conviction and the level of harm. Broken bones and disfigurement, for example, are likely to result in harsher penalties.
If it is prosecuted as a felony, then it is punishable with up to three years in jail and a fine of up to $10,000.
Defenses to Aggravated Battery on a Police Officer
Although aggravated battery on a police officer is a serious offense, there are some options that will decrease the likelihood of conviction.
All of the elements of a battery case must be present in order for someone to be convicted of aggravated battery.
The burden is on the prosecution to show that the defendant willfully touched the police officer, that the officer was on the job when it took place, and that the defendant should have reasonably known the victim was a police officer.
One of the most common defenses is that the victim was not acting within their role as a police officer.
No Intent to Cause Bodily Harm
One of the hallmarks of any battery incident is the intent to cause bodily harm. The intent is essential in many criminal cases, and this is another one.
Accidental touching, for example, does not count as criminal activity. There are many reasons a person might accidentally touch an officer. A disabled person, for example, might not have full control over their limbs at all times and may accidentally reach out at inopportune times.
There are many situations where someone may make unintentional contact with another person, such as in a crowded area, when losing their balance, or even during an arrest.
Brushing against an officer as they put handcuffs on you, for example, is not a willful touch, nor does it show intent to cause harm. In situations involving actual violence, this approach may not work.
However, a qualified attorney can help you take stock of the different
Not Aware of Officer’s Status
If the defendant is not aware of an officer’s status, the prosecution may not be able to get a conviction for the battery of an officer.
Someone who is not a uniformed police officer should identify themself before acting according to their duties. If the officer failed to identify themself, then the defendant could not have reasonably known.
If the victim was not an active-duty officer, then the situation is a lot less likely to be classified as a felony or treated with the harshest sentencing.
Even when an office is not technically on the clock, they may feel compelled to act in their role as a law enforcement officer. For example, they may try to help a fellow officer. That could be considered acting within their official duties.
However, the prosecution must prove that the defendant knew that the victim was a police officer at the time of the attack, such as by stating their job title, wearing a uniform, or presenting a badge.
Let LibertyBell Law Group Defend Your Battery on a Police Officer Case!
A violent crimes defense lawyer in California can defend you in any battery case, including situations where you’re accused of battering a police officer.
We are passionate about protecting our client’s rights and preventing them from serving harsh sentences.
Schedule your free consultation today to learn how our team will help you avoid jail time and other negative impacts. Contact us at 877-545-3559 at LibertyBell Law Group today!
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
Criminal charges for credit card fraud are not to be taken lightly. The penalties can be severe, especially if you’ve tried in a federal court. Prosecutors go all out to get the highest sentences possible to stamp out white-collar crime, with a particular focus on fraud, especially fraud charges on credit cards.
The Seriousness of Credit Card Fraud Charges
Credit card fraud is one of the most common types of fraud. It costs the US several billions of dollars every year, not to mention the personal financial losses suffered by the victims.
It can be tried as a state or federal crime, depending on the elements of the case. Federal credit card fraud is more serious than state credit card fraud cases. It becomes a federal crime when the fraudulent activity crosses state borders or goes international. This is most common in fraudulent transactions online.
For example, you live in California and use the stolen card to order a dog harness online from a supplier in South Carolina. The crime crossed state borders and becomes a federal case. The principle applies if the harness came from Germany.
The penalties for federal credit card fraud are also higher than those for state fraud; for example, if found guilty of federal fraud the potential sentence is up to 15 years in federal prison and fines of up to $250,000. State penalties can include time in county jail and fines of up to $10,000
Understanding Credit Card Fraud Charges and Penalties
Credit card fraud crime has different criteria and penalties in different states. For example, credit card fraud in Florida is a First Degree Misdemeanor when the value is lower than $100. The penalties are a fine of up to $1000 and up to a year in county jail.
If the value is over $100, it becomes a Third Degree Felony and is punishable by a fine of up to $5000 and up to five years in state prison.
On the other hand, Illinois has specific penalties for specific credit card fraud-related crimes. For example, making a false statement to get a credit or debit card is a Class 4 Felony. If found guilty, you face one – three years in prison (doubled for an extended term) and a fine of up to $25,000.
Illinois has three penalty categories:
- Class A Misdemeanor with jail time of up to one year and a fine of up to $2500
- Class 4 Felony as seen above
- Class 3 Felony with two-three years in prison (up to 10 years with an extended term) and a fine of up to $25,000
Proving Your Innocence: How a Fraud Defense Lawyer Can Help
There are innumerable reasons to hire a credit card fraud defense attorney to defend you against allegations of credit card fraudulent charges. Given the seriousness of the charges and potential penalties, you want a defense lawyer who has plenty of experience – and success – in fraud cases.
There are many ways in which your attorney can help you fight accusations of credit card fraud.
Knowledge of the Legal System
The legal system is a labyrinth for people who are outside looking in. Someone in the system, however, knows how to work juries, manage judges, treat witnesses, pick relevant evidence, and use the letter of the law to their advantage.
You want someone like this on your team when facing fraudulent credit card charges.
Understands the Credit Card Laws
It helps to have an attorney who knows credit card laws inside out, especially when it comes to fraudulent behavior. A specialist fraud defense attorney has knowledge and understanding gained from years of experience.
Builds a Strong Defense
A skilled attorney listens to your side of the story and considers the evidence to construct a compelling defense that throws doubt over your alleged role in the crime.
Negotiation with Prosecutors and Credit Card Companies
Your defense attorney should have excellent negotiation skills to get the charges dropped, or, failing that, negotiate favorable plea bargain terms with the lightest sentence possible, including low restitution payments to credit card companies and other victims of your alleged crime.
Experience in Court Procedures
Arguing a case in a criminal court is different from defending an accused against civil action. Ideally, you want an attorney who can do both and do them well.
Protects Your Reputation
When you’re accused of a crime like credit card or bank fraud, your reputation takes a knock. You may be innocent but allegations can tarnish your professional reputation, making it difficult to find employment.
Your attorney doesn’t just defend you against fraud charges on credit cards but also works to keep the process as low-key as possible while touting your innocence where needed.
Access to Resources and Expert Witnesses
Attorneys at reputable law firms have access to resources to support your case, including expert witnesses who testify in your favor.
What are the Common Defenses Used in Fraud Charges on Credit Cards?
Lack of intent is the best defense because it plays a role in most other defense arguments. For example, if you were coerced to commit fraud charges on credit cards by someone who threatened your mother, you clearly lacked the intent to defraud.
Other defenses include:
Lack of Knowledge
Lack of information or ignorance can be used as a defense against credit card fraud. For example, you accidentally pick up your brother’s credit card instead of yours and go shoe shopping.
With tap-and-go payment, you only realized your mistake when you got home. You had no idea you were using someone else’s card, which means you also lacked intent and can’t be guilty of fraud charges on credit cards.
Lack of Intent
The crux of fraud charges on credit card is intent. You must have acted with the intent to defraud a person or business to your benefit.
Lack of intent, for example, applies when you borrowed your brother’s credit card to pay an installment on your car loan. Even though your brother is furious, you still didn’t intend to commit fraud.
The other essential element is that it must benefit you. For example, perhaps you thought you were authorized to use the business credit card, so you bought tea, coffee, sugar, and toilet paper for the office.
Even if you weren’t authorized to use the card, the purchase was to the benefit of all employees and doesn’t constitute fraud.
Mistaken Identity
Most types of credit card fraud include identity theft. Once fraudsters have access to your bank account, they can freely spend your money. Their sending can be extravagant, like buying a yacht, or illegal, like buying a shipment of weapons.
Either way, you’re held liable until you can prove that you didn’t make those or any other fraudulent transactions.
Even if your name is cleared, you could still be a victim of identity fraud by way of your credit score. The major spending and the unpaid accounts will be reflected in your credit score, which can take a while to be restored.
Let LibertyBell Law Group’s Fraud Defense Lawyer Represent Your Case
LibertyBell Law Group’s fraud defense lawyers embody the traits you’d expect from expert litigators who have the experience to build strong defense strategies no matter the circumstances.
You can rest assured that whatever fraud charges on a credit card you’re facing your attorney is hard at work with an experienced team to build an inviolate case. To arrange a free consultation, fill out our online form or call us at 877-545-3127 at LibertyBell Law Group today!
Gina Tennen
Founder
At A Glance
- Expert legal strategist.
- Experienced in both prosecution and defense.
- Relentless fighter for her clients with results to prove it.
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense“ in the 100 Most Influential People edition.
Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
You demand the best defense. Take hold of your life and speak to our defense attorneys by calling(818) 267-8264 now.
Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.
REQUEST A FREE CONSULTATION
