Los Angeles Battery Lawyer

Facing a battery charge in Los Angeles County does not mean you have been proven guilty. What happened before the alleged physical contact, who initiated the confrontation, whether you acted in self-defense, what witnesses actually saw, and what video or other evidence shows can all matter to the defense.

Los Angeles battery lawyer Jared Olen has practiced criminal defense since 2013 and spent nearly eight years as a Los Angeles County Deputy Public Defender. During his career, he has represented thousands of adult clients and hundreds of juveniles and has handled serious violent-crime allegations including assault, robbery, attempted murder, and murder. He has conducted approximately three dozen jury trials and dozens of bench trials.

That experience shapes how Jared approaches a battery case today. He does not begin with assumptions based on the arrest or police report. He wants to know what you are accused of, which Los Angeles County courthouse is handling the case, what the available evidence shows, and—just as importantly—your side of what happened. As Jared puts it, “Every client has a story.”

If you have been arrested, charged, or are under investigation for battery or assault in Los Angeles County, call The Olen Firm, P.C. at (213) 523-3788 for a free, confidential consultation. You will speak directly with Jared Olen about what happened, the charges you face, and the next steps in your defense.

A Los Angeles Battery Lawyer With Extensive Criminal Court Experience

Before founding The Olen Firm, Jared Olen spent nearly eight years as a Los Angeles County Deputy Public Defender, defending people accused of crimes in courtrooms throughout the county. His assignments included Downtown Los Angeles, East Los Angeles, Compton, and juvenile court. Across his criminal-defense career, Jared has represented thousands of adult clients and hundreds of juveniles and has conducted approximately three dozen jury trials and dozens of bench trials.

That experience is particularly relevant when defending battery and other violent-crime allegations. Jared has personally handled cases involving assault, robbery, attempted murder, murder, domestic violence, and other serious charges. Years of evaluating criminal cases have taught him to look beyond the charge itself and examine the facts that may change how a case should be defended: what led to the confrontation, the credibility of witnesses, available video or physical evidence, injuries, statements, possible self-defense, and weaknesses in the prosecution’s account.

Jared also believes effective representation requires more than courtroom experience. Clients work directly with him. He listens to their account of what happened, explains the strengths and weaknesses he sees in the case, and gives them a clear plan for moving forward. As he learned representing people under enormous stress as a public defender, a defense lawyer’s job is to cut through the noise surrounding an accusation and focus on the facts, the law, and the person being represented.

What Is Battery Under California Law?

California Penal Code § 242 defines battery as the willful and unlawful use of force or violence upon another person. A battery charge does not necessarily require the kind of violent attack people commonly imagine when they hear the word “battery.” Depending on the circumstances, relatively minor physical contact can potentially support a battery allegation.

That does not mean every touching, shove, or physical encounter is criminal battery. The prosecution must prove the required elements of the charged offense beyond a reasonable doubt, and the circumstances surrounding the contact can be critical. Was the contact intentional or accidental? Was the accused acting in lawful self-defense or defense of someone else? Who initiated the confrontation? What do witnesses, surveillance footage, body-worn camera video, photographs, medical records, or other evidence show?

The potential seriousness of a battery case can also change when an alleged victim suffers significant injury. California Penal Code § 243(d) addresses battery resulting in serious bodily injury and carries substantially different potential consequences from a basic battery charge under § 242. Other circumstances—including the identity of the alleged victim and the relationship between the parties—can also affect the charge and potential penalties.

For Jared Olen, those distinctions are why a battery defense begins with the facts and evidence, not simply the name of the charge. His experience handling violent-crime allegations in Los Angeles County has taught him to reconstruct what happened before, during, and after an alleged confrontation before determining how the case should be defended.

Types of Battery Cases in Los Angeles

California law does not treat every battery allegation the same way. The potential charge and penalties can depend on factors such as whether an injury occurred, how serious the injury was, the relationship between the people involved, the identity of the alleged victim, and the circumstances surrounding the alleged contact. A Los Angeles battery lawyer should therefore evaluate the specific statute charged and the evidence supporting it rather than treating every battery case alike.

Simple Battery — California Penal Code § 242

California Penal Code § 242 defines battery as the willful and unlawful use of force or violence against another person. A basic battery allegation does not necessarily require a serious injury—or even the kind of physical violence most people associate with the word “battery.” Depending on the circumstances, conduct such as pushing, grabbing, or striking another person may lead to a battery charge.

Simple battery is generally a misdemeanor. But the fact that an allegation involves physical contact does not establish guilt. The circumstances surrounding that contact—including accident, self-defense, defense of another person, conflicting witness accounts, and video or other physical evidence—may become central to the defense.

Battery Causing Serious Bodily Injury — California Penal Code § 243(d)

When an alleged battery results in serious bodily injury, the potential consequences become substantially more severe. California Penal Code § 243(d) specifically addresses battery resulting in serious bodily injury and may be prosecuted as either a misdemeanor or felony depending on the circumstances.

In these cases, the nature and extent of the alleged injury can become a major issue. Medical records, photographs, witness statements, surveillance footage, body-worn camera video, and the sequence of events leading to the injury may all matter. The defense must also examine whether the accused actually caused the injury and whether the use of force was legally justified, including through self-defense or defense of another person.

Domestic Battery — California Penal Code § 243(e)(1)

A battery allegation can carry additional consequences when the alleged victim has a qualifying domestic relationship with the accused. California Penal Code § 243(e)(1) applies to battery committed against certain spouses, cohabitants, dating partners, former spouses, fiancés, and other relationships specified by California law.

Domestic battery cases can create problems beyond the criminal charge itself. Protective orders, firearm restrictions, family and housing issues, and the potential effect of a conviction can make early legal advice particularly important. These cases can also arise from emotionally charged situations in which the people involved give very different accounts of what occurred.

Jared’s approach is to examine the complete circumstances rather than assuming the police report tells the whole story. Communications between the parties, photographs, recordings, witness accounts, body-camera footage, prior statements, and other available evidence may provide important context when defending a domestic battery allegation.

Sexual Battery — California Penal Code § 243.4

Sexual battery is a separate offense under California Penal Code § 243.4 and involves specified forms of nonconsensual touching of an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse. The precise elements, potential penalties, and other consequences depend on the particular subdivision charged and the circumstances of the alleged conduct.

These cases can turn on highly disputed facts. Statements from the people involved, text messages and other communications, witness accounts, video, physical or forensic evidence, and the circumstances before and after the alleged contact may all become important. Jared Olen has personally defended clients accused of serious sex offenses and understands the importance of examining the prosecution’s evidence element by element rather than treating an accusation as proof.

Learn more about The Olen Firm’s defense of sexual assault and sex-crime allegations.

Elements the Prosecution Must Prove for a California Battery Conviction

An arrest or accusation is not proof of battery. To obtain a conviction for simple battery, the prosecution has the burden of proving the required elements beyond a reasonable doubt. Under California law, the analysis focuses on whether the accused willfully and unlawfully touched another person in a harmful or offensive manner.

Understanding those elements matters because a battery defense often begins by asking a simple question: What can the prosecution actually prove? Jared Olen evaluates the evidence supporting each part of the allegation and looks for facts that contradict the prosecution’s version of events.

The Act Must Be Willful

For purposes of a battery charge, “willfully” generally means that the person acted on purpose. The prosecution does not have to prove that the accused intended to break the law or intended to cause an injury.

That distinction can be important. An accidental touching is fundamentally different from a deliberate act. Jared examines the sequence of events, witness accounts, video, statements, and other available evidence to determine whether the prosecution can actually establish that the alleged act was willful.

There Must Be Harmful or Offensive Touching

A battery does not require a serious injury. The prosecution generally must establish that the accused touched another person in a harmful or offensive manner. The touching can potentially be accomplished indirectly and does not necessarily have to cause visible injury.

This makes the surrounding circumstances particularly important. A shove during an argument, accidental contact in a crowded space, and physical contact used to protect yourself from an attack may look very different when the complete evidence is examined. A Los Angeles battery defense should therefore focus not only on whether physical contact occurred, but on how and why it occurred.

The Touching Must Be Unlawful

Not every intentional use of physical force is unlawful. Depending on the facts, a person may be legally justified in using reasonable force in self-defense or in defense of another person.

For Jared, this means understanding what happened before the moment of physical contact. Who initiated the confrontation? Was there a threat of imminent harm? What did the accused reasonably believe was about to happen? Was the amount of force used reasonable under the circumstances? Witness statements, surveillance footage, body-worn camera video, photographs, injuries, 911 calls, and communications between the people involved may help answer those questions.

What Are the Penalties for Battery in Los Angeles?

The potential penalties for a battery conviction depend on the specific offense charged, the seriousness of any alleged injury, the identity of the alleged victim, the relationship between the parties, the defendant’s criminal history, and other circumstances of the case. A simple battery prosecution under California Penal Code § 242 can therefore look very different from a case involving serious bodily injury, domestic battery, or another form of battery carrying enhanced consequences.

Penalties for Simple Battery

Simple battery under California Penal Code § 242 is generally prosecuted as a misdemeanor. A conviction can expose a defendant to county jail, a fine, or both, along with other court-ordered conditions.

The consequences should not be measured by jail time alone. Depending on the case and the person involved, a battery conviction can also affect employment, professional licensing, firearm rights, immigration status, and other parts of a person’s life. Those potential consequences are among the factors Jared considers when evaluating how a case should be resolved.

When Battery Charges Become More Serious

The potential exposure can increase substantially when a battery causes serious bodily injury or involves a person or relationship protected by specific provisions of California law. Some battery offenses can be prosecuted more severely depending on the facts and the statute charged.

That is one reason Jared does not evaluate a case based solely on the word “battery.” He looks at the actual charging statute, the prosecution’s evidence, the alleged injuries, the client’s history, and the consequences a particular conviction could have for that individual.

Restitution, Probation, and Other Court-Ordered Consequences

Depending on the charge and outcome, a court may impose probation and other conditions in addition to, or instead of, incarceration. A defendant may also face restitution obligations when an alleged victim claims financial losses resulting from the offense.

The conditions imposed in a particular case can vary. Counseling or treatment programs, protective orders, community-service requirements, restrictions on contact, and other terms may become relevant depending on the offense and circumstances.

For Jared, those consequences matter when evaluating both a negotiated resolution and whether taking a case to trial makes sense. A plea that may be acceptable for one person can create serious problems for another because of employment, professional licensing, immigration, or other collateral consequences. The goal is to understand those issues before making a major decision about the case.

What Happens After a Battery Arrest in Los Angeles?

What happens after a battery arrest depends on whether the case is filed as a misdemeanor or felony, whether the accused remains in custody, and the particular facts of the case. Although every prosecution is different, a Los Angeles battery case may involve the following stages.

Arrest and Booking

After an arrest, law enforcement may take the accused through the booking process, which typically includes recording identifying information, fingerprints, and photographs. Whether and when a person is released can depend on the charge, custody status, applicable release procedures, and decisions made by the court.

This early stage can also be important for preserving evidence. Surveillance video can disappear, witnesses’ memories can fade, and communications or other evidence may become harder to obtain over time.

Arraignment

The arraignment is generally the defendant’s first formal court appearance on the filed charges. The defendant is advised of the charges and enters a plea, and the court may address release conditions, protective orders, and other issues relevant to the particular case.

Jared’s first question when a new criminal-defense client contacts him is not simply, “What were you arrested for?” He wants to know what the charges are and which courthouse is handling the case. His years practicing throughout Los Angeles County have taught him that different courthouses, courtrooms, prosecutors, and judges can have different practices and approaches.

Investigation and Pretrial Motions

A battery defense should not begin and end with the police report. Depending on the case, Jared may review or seek body-worn camera footage, surveillance video, photographs, witness statements, 911 recordings, medical records, communications between the parties, physical evidence, and other available information that helps reconstruct what actually happened.

Constitutional issues may also become important. If police obtained physical evidence or statements from a client, Jared examines how that evidence was obtained. Search-and-seizure issues, warrants and exceptions to the warrant requirement, Miranda warnings, the circumstances of an interrogation, and other constitutional questions can affect whether particular evidence may be used against a defendant.

Negotiation or Trial

Not every battery case should go to trial, and Jared does not believe that automatically taking the most aggressive-sounding approach is necessarily the strongest defense. He evaluates the prosecution’s evidence, available defenses, potential consequences of a conviction, possible negotiated resolutions, and the risks of having a judge or jury decide the case.

When trial is the appropriate course, Jared brings substantial courtroom experience to that decision. He has conducted approximately three dozen jury trials and dozens of bench trials during his criminal-defense career. When negotiation better protects a client’s interests, he focuses on understanding the case better than the prosecution and identifying the facts and circumstances that may support a more favorable resolution..

Self-Defense or Defense of Another Person

Self-defense or defense of another person may apply when someone reasonably believes that they or another person are in imminent danger of suffering bodily injury or unlawful touching and reasonably believes that the immediate use of force is necessary to defend against that danger. The amount of force used must also be reasonable under the circumstances.

These cases frequently turn on context. Jared looks closely at who initiated or escalated the confrontation, what happened immediately before the physical contact, what each person said or did, whether injuries are consistent with the accounts given, and whether video, witnesses, 911 calls, photographs, or other evidence supports the client’s version of events.

Accidental Contact

California battery requires a willful act. If the physical contact was genuinely accidental rather than deliberate, that distinction may be important to the defense.

Determining whether contact was accidental requires looking at the complete circumstances rather than a single moment in isolation. Video, witness accounts, the physical environment, statements made at the scene, and other evidence may help establish what actually occurred.

Consent

Consent may be relevant in some battery cases depending on the circumstances and nature of the alleged contact. Whether consent provides a viable defense is a fact-specific legal question and should not be assumed merely because the parties previously had some type of physical relationship or interaction.

Jared evaluates what the parties understood, what occurred, and what evidence exists rather than relying on assumptions about consent.

Defense of Property

California law may permit reasonable force in certain circumstances involving the protection of property. Whether that defense applies depends on what occurred and whether the force used was legally justified and reasonable under the circumstances.

Because these incidents can unfold quickly, evidence showing the sequence of events can be particularly important. Surveillance footage, photographs, witnesses, 911 recordings, and other evidence may help establish why physical force was used and whether it was lawful.

The Prosecution Cannot Prove the Allegation Beyond a Reasonable Doubt

A defendant does not have to fit every case into a single affirmative defense. Sometimes the central problem is that the prosecution cannot reliably prove what it claims happened.

Battery allegations may arise from chaotic confrontations involving conflicting accounts, incomplete observations, missing video, credibility problems, or evidence that does not match the initial accusation. Jared’s job is to identify those weaknesses and determine whether the prosecution can actually prove every required element beyond a reasonable doubt.

How Jared Olen Approaches a Los Angeles Battery Case

When you contact The Olen Firm about a battery charge, you speak directly with Jared Olen. He begins by identifying the charges and courthouse, listening to your account of what happened, and evaluating the strengths and weaknesses he sees in the case.

From there, Jared works to obtain the available evidence and build a more complete picture of the incident. That may include police reports, body-worn camera footage, surveillance video, witness statements, photographs, medical records, communications, 911 recordings, and other evidence relevant to the allegation.

If specialized knowledge is necessary, Jared’s experience has also taught him when a defense may require outside expertise. During his criminal-defense career, he has worked with professionals including psychologists, psychiatrists, neuropsychologists, neurologists, social workers, accident-reconstruction experts, audio-visual experts, handwriting experts, and others when their expertise could help develop a client’s defense.

Most importantly, Jared keeps the client involved. His clients have his personal cell phone number and can contact him with questions. He explains major developments, discusses the available options, and gives his assessment of the risks and potential paths forward. The objective is not to overwhelm a client with legal terminology—it is to give that person a clear understanding of the case and a plan for what comes next.

Speak Directly With Los Angeles Battery Lawyer Jared Olen

If you have been arrested, charged, or are under investigation for battery in Los Angeles, you do not have to make decisions about your case without understanding your options.

When you contact The Olen Firm, P.C., you can speak directly with Jared Olen about what happened. Jared will listen to your account, identify the legal and factual issues he sees, and explain how he would approach the case based on the available information.

Jared has practiced criminal defense since 2013, spent nearly eight years as a Los Angeles County Deputy Public Defender, represented thousands of adult clients and hundreds of juveniles, and has conducted approximately three dozen jury trials and dozens of bench trials.

A Note From Jared Olen

When someone calls me about a battery case, I don’t assume the police report tells the whole story. I want to know what happened before the confrontation, what happened during it, and what my client experienced. Every client has a story, and understanding that story is often essential to understanding the defense.

Nearly eight years as a Los Angeles County Deputy Public Defender taught me that criminal cases are rarely as simple as they first appear on paper. Witnesses can disagree. Video can provide context that is missing from a written report. Physical evidence may contradict an accusation. And sometimes the most important question is whether the prosecution can actually prove what it believes happened.

My job is to find those issues, explain them clearly to my client, and develop the defense that makes sense for that particular case. I won’t treat someone like a case number simply because they have been accused of a crime.

— Jared Olen
Criminal Defense Attorney
Founder, The Olen Firm, P.C.
Former Los Angeles County Deputy Public Defender
California State Bar No. 291768

About the Attorney

Jared Olen has practiced criminal defense since 2013. Before founding The Olen Firm, P.C., he spent nearly eight years as a Los Angeles County Deputy Public Defender, where he represented thousands of adult clients and hundreds of juveniles. He has conducted approximately three dozen jury trials and dozens of bench trials and has personally handled cases involving murder, attempted murder, robbery, assault, domestic violence, serious sex offenses, DUI, firearms, and drug allegations.

Jared also served as a federal judicial law clerk to the Honorable Otis D. Wright II of the United States District Court for the Central District of California and graduated summa cum laude from Southwestern Law School.

Written and reviewed for legal accuracy by Jared Olen, California State Bar No. 291768.

Read Jared Olen’s Attorney Profile | Verify California State Bar Status

This page provides general information about California criminal law and is not legal advice. Laws and their application depend on the specific facts of each case. Past results do not guarantee future outcomes.

Call The Olen Firm, P.C. at (213) 523-3788 for a free, confidential consultation with Jared Olen.

Every case is different, and past results do not guarantee a particular outcome.