Battery

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Battery occurs when someone willfully and unlawfully uses force or violence against another person. Unlike assault, battery requires actual physical contact — even if it’s just a light touch or shove.

Battery can range from minor contact to more serious physical harm, depending on the circumstances.

Battery is usually charged as a misdemeanor, with penalties including:

• Up to 6 months in county jail, and/or
   
• Fines up to $2,000, and/or
   
• Probation
   

Battery may be charged as a felony in some cases, such as when:

• Serious injury results,
   
• The victim is a protected person (police officer, firefighter, etc.), or
   
• There are prior convictions or special circumstances.
   

Felony battery carries stiffer penalties, including potential state prison time.

I often represent clients accused of battery in cases like:

• Bar fights or nightclub incidents
   
• Domestic disputes
   
• Road rage confrontations
   
• Accidental or mutual physical contact
   
• Alleged minor shoves or pushes
   
• Situations with no visible injuries but criminal charges filed
   

• No physical contact or the contact was accidental
   
• Consent — the other person consented to the contact (e.g., in a sporting event)
   
• Self-defense or defense of others
   
• False accusations or mistaken identity
   
• Insufficient evidence — lack of credible witnesses or video proof
   

If you or a loved one face battery charges, contact The Law Office of Lincoln Ho’o for a clear defense strategy tailored to your case.