Battery Lawyer in Dublin, CA
Former Prosecutor. Focused Defense. Battery Charges in Alameda & Contra Costa Counties.
Facing a battery charge in Dublin, CA means dealing with a court system that moves quickly and prosecutors who build their cases carefully. At The Law Office Of Christopher A. Lamiero, we represent individuals accused of battery in Alameda County Superior Court and Contra Costa County Superior Court. Attorney Christopher A. Lamiero spent nearly a quarter century as a state prosecutor before forming this practice, and that background shapes how we read a case from the moment we review it.
If you’ve been charged with battery in Dublin or anywhere in Alameda or Contra Costa County, call us for a free consultation at (925) 259-3337. We offer bilingual services (Se habla español).
What California Law Means by Battery
California Penal Code 242 defines battery as any willful and unlawful use of force or violence upon another person. The definition is broader than most people expect: no visible injury is required. Under CALCRIM 960, the jury instruction California courts use for battery, prosecutors must prove two things beyond a reasonable doubt: that the defendant willfully and unlawfully touched another person in a harmful or offensive manner, and that the defendant did not act in self-defense, defense of others, or lawful discipline of a child. The word “willfully” carries real weight here, and it becomes a central focus in many defenses.
Penalty Ranges Under Penal Code 243
Penal Code 243 sets out penalties based on who was touched and what harm resulted. The range is wide.
Battery categories and their penalties:
- Simple battery (Penal Code 243(a)): A fine not exceeding $2,000, up to six months in county jail, or both.
- Domestic battery (Penal Code 243(e)(1)): Applies when the alleged victim is a spouse, cohabitant, co-parent, fiancé, or dating partner. Penalties include a fine not exceeding $2,000 or up to one year in county jail. If probation is granted, at least one year in a batterer’s treatment program is required.
- Battery on a peace officer causing injury: A wobbler offense, meaning it can be charged as a misdemeanor or felony. Felony penalties include a fine of up to $10,000 and a custody term of 16 months, two years, or three years.
- Aggravated battery (Penal Code 243(d)): Charged when a battery causes serious bodily injury, defined as a serious impairment of physical condition, such as a bone fracture, concussion, or protracted loss of function in an organ or limb. Also a wobbler, with felony penalties of two, three, or four years in state prison and a fine of up to $10,000.
The wobbler designation in the more serious categories means the charge level isn’t always fixed at arrest. How a case is charged and how it proceeds depends heavily on the facts, the evidence, and how defense counsel engages early.
Defending Battery Cases at the East County Hall of Justice
Criminal cases arising from Dublin are handled at the East County Hall of Justice, the Alameda County Superior Court location in Dublin. We work in that courthouse regularly, along with other Alameda County and Contra Costa County courtrooms that handle serious felony matters.
Our published case results include a battery charge against a correctional officer that was dismissed. Battery on a peace officer or correctional officer is among the more aggressively prosecuted battery categories, and a dismissal in that context shows how prosecutorial insight can apply to these cases. Attorney Lamiero’s background gives him a clear view of how these cases are assembled and where they can be challenged.
Our practice is focused entirely on defending individuals accused of crimes. We don’t divide attention across unrelated legal areas, so clients receive focused representation at every stage of their case.
Talk to a Dublin Battery Defense Attorney
A free consultation is available to anyone facing a battery charge in Dublin, CA, or the surrounding area. There’s no obligation, and our bilingual services mean language isn’t a barrier to getting answers. Call The Law Office Of Christopher A. Lamiero today at (925) 259-3337 to speak with our team about your case.
Criminal Defense FAQ
-
What is a Defense Attorney?
A criminal defense attorney is a lawyer who specializes in defending individuals, businesses and organizations accused of committing a crime. They have the knowledge to understand the laws and legal procedures related to criminal cases. A criminal defense lawyers strives to protect their client's rights and build a strong defense case against all charges.
Defense attorneys use a variety of methods to help their clients, including research and investigation, interviewing witnesses, filing motions, plea bargaining with prosecutors and advocating in court for their clients. They may also advise clients on how best to prepare for trial and present evidence that could prove innocence or legal mitigating factors. In some cases, they also negotiate with prosecutors in order to get reduced or dropped charges for their clients. As experienced professionals, criminal defense attorneys look for any weaknesses in the government's case and make sure that every aspect of the law is being followed.
By hiring an experienced lawyer, you can be rest assured knowing that your rights are protected throughout the legal process and that you will receive sound advice to help you navigate your case.
-
Should I Accept a Plea Agreement?
Most criminal cases resolve through plea deals. A plea bargain allows you to accept the penalty for a lesser offense, often keeping more serious charges off your record. Whether a plea will benefit you depends on your situation, but no one should accept a plea deal from someone who is not guilty of the crime.
Having a lawyer to counsel you on your best options is critical if you hope to avoid agreeing to a deal that is not in your best interests.
-
Will I Lose My Professional License if I Am Convicted of a Felony?
While California has passed a law prohibiting employers from asking about an applicant’s criminal history before making a job offer, this does not mean a conviction on your record will not affect your career opportunities. Many professional licensing boards have restrictions on eligibility for those who have criminal convictions.
Depending on the type of license you hold and the circumstances of your case, a conviction may negatively affect your professional future. Having an attorney on your side can improve the chances of avoiding a career-ending conviction.
-
Why Do I Need an Attorney?
After your arrest, you should waste no time seeking the counsel of an attorney who is familiar with California laws and the courts in Alameda County, Northern and Central California. You will be facing skilled prosecutors whose goal is to convict you.
Your defense attorney will have the resources to construct a defense that will give you every possible advantage to avoid a conviction of the most serious charges you face. Even a misdemeanor conviction can negatively affect your life for years. I will work to prevent that from happening.
-
What Should I Do Next?
Your first step after your arrest should be to contact an experienced criminal defense attorney. Police and investigators should not continue questioning you once you have asked for a lawyer. When you obtain legal representation from Attorney Christopher Lamiero, our firm will protect your rights and help you make the right decisions throughout the legal process.
Call (925) 259-3337 or use our online form to obtain legal counsel from an experienced criminal defense lawyer in Dublin, CA. Se habla español.
