If you punch someone in the state of California, are you going to face felony or misdemeanor charges? It might surprise you to learn that the answer depends on the specifics of the case. This is known as a wobbler offense, which means that it can be charged as a felony or a misdemeanor, depending on the specifics of the case.
Keep reading for more information and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation with a criminal defense attorney.
The Official Charge is Battery
There is no law against “punching” in California. The actual law a person breaks when they punch someone is battery. This could be charged as a felony if the defendant punched a police officer, firefighter, or EMT or if the defendant caused great bodily injury. These are still wobbler offenses that could be charged as misdemeanor but are more commonly charged as felonies.
Understanding Simple Battery
Simple battery can be charged if there was an unlawful or willful use of force or violence committed against someone else. The most common defense options a person uses when charged with this crime is that they were acting in self-defense or they were not acting willfully. Note that “touching” is all that is required for battery charges. This is not applicable to punching.
Battery on a Peace Officer
One of the ways a person can be charged with a felony for punching someone is if they punch a police officer or other public servants such as lifeguards, paramedics, firefighters, EMTs, animal control officers, process servers, security officers, traffic officers, or a doctor or nurse that is providing emergency medical care.
If a person is charged with battery on a peace officer, it can be charged as either a misdemeanor or a felony charge. A felony charge could result in 16 months, two years, or three years in state prison. They could also face significant fines and be required to take part in classes such as anger management classes.
Contact Us Today for a Free Legal Consultation
Now is the time to contact Law Office of Michael L. Fell at (949) 585-9055 if you have been charged with a felony for punching someone. We will begin with a free legal consultation during which we review your case and determine defense options that might apply. We will go over these with you and let you know how the case is going to proceed.
If you choose to hire us as your defense counsel, we will then file the necessary motions, gather evidence, and build a strong defense. Contact us now to get started.