Criminal defense attorney Michael Becker explains 5 situations when the crime of battery charged as a felony instead of a misdemeanor.

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When someone punches, kicks or slaps someone against their will, and the attack was not done in self-defense or defense of others, then they have committed the crime of battery. The crime of battery is defined as an unlawful use of physical force on another human being. In California, battery is considered a "wobbler" meaning it can be charged as either a misdemeanor or a felony. Felony battery is a very serious crime and can lead to years in state prison.

Many people ask, "When do prosecutors charge battery as a felony instead of a misdemeanor?"

The answer is that prosecutors can charge battery as a felony when there are aggravating circumstances that make the crime more serious.

Here are 5 situations when battery can be charged as a felony:

1.) The victim sustained a serious bodily injury such as a broken bone, or they were strangled.

2.) The attacker was armed with a deadly weapon such as a gun or a knife.

3.) The victim was a peace officer such as a police officer, firefighter, or probation officer.

4.) The attacker was on probation, parole, or in police custody at the time.

5.) The attacker had the intent to commit another crime related to the battery, such as sexual assault or robbery.

If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.