Under California law, “battery is any willful and unlawful use of
force or violence upon the person of another.” However, people who
have been convicted of battery can possibly have their arrest record sealed
so that no one can see the charge. In this blog, we explain how you can
seal your arrest record for battery in the state of California.
What Type of Crime Is Battery Considered?
In California today, a
battery crime is normally treated as a
misdemeanor. The maximum punishment is up to 6 months in county jail and up to a fine
of $2,000, or both fine and imprisonment. It does not matter if there
was no injury involved in your battery case. A battery is the unlawful
touching of another person, regardless of whether the person suffers injury
because you touched them.
There are many different defenses a skilled attorney might use to defend
against battery charges, including:
- Arguing the person’s actions were in self-defense
- Arguing the person’s actions were not of their own will
- Arguing the person was acting within their right to reasonably discipline a child
Police officers are allowed to lawfully arrest a person if the act of battery
was committed in their presence. If the battery did not occur in the presence
of a uniformed officer, then a citizen can make an arrest of the offender.
In this situation, law enforcement would interview the person that called
in the complaint and would discuss the situation with both parties, but
would also make no arrest unless the citizen making the arrest chooses
to press charges. When an alleged battery incident was not committed in
the presence of an officer, it would be up to the citizen, or nearby citizens,
to decide if they want to make a citizen’s arrest for a misdemeanor
crime like battery.
We Represent Clients Accused of Battery
As a criminal defense attorneys with more than 35 years of experience,
our office has represented many clients in Dublin who have been accused
of battery. When a person is arrested for battery, they are usually booked
(i.e. fingerprinted and photographed) at the jail. This arrest for battery
will remain on their record with them forever unless they have the arrest
sealed by the court.
If a person is arrested but never convicted of battery, they have the right
to have their arrest record sealed. Arrest records can generally be sealed when:
- No criminal charge was ever filed
- The accused was offered, and successfully completed, a deferred entry of judgment
- The charge has been dismissed before trial for another reason
- A verdict of not guilty was reached by the jury in a criminal trial
The statute of limitations for battery in California can be up to one year,
depending on the circumstances of the case. As of now, there is no time
limit to bring an action requesting sealing of your arrest records for battery.
Talk to an Experienced Dublin Criminal Defense Lawyer Today
If you or someone you know has been arrested in California for battery,
or a different crime, and the statute of limitations have expired without
charges ever being filed, or you were not convicted for any other reason,
contact our office immediately to discuss sealing of your arrest record.
Our team of attorneys are prepared to fight for your rights and restore
Contact our Dublin criminal defense lawyers
to schedule your free case evaluation to learn all about your rights and