Experienced Defense Against Assault Charges
Many people are surprised to be criminally charged with assault or battery after a confrontation. Many times, police arrest the wrong person or prosecutors file inflated charges that don’t reflect what really happened.
If you are charged with the crime of assault and/or battery, you need sound legal counsel to protect your rights and tell your side of the story. The experienced criminal defense lawyers of Law Offices of Severo, PLC have a successful record of challenging unfounded assault charges in LA County, Orange County and beyond.
Understanding Assault And Battery
Most of the time, the offenses of assault and battery go hand in hand. But that is not always the case, and therefore, it is important to define each term separately.
Assault (California Penal Code §240) is an attempt or threat, using violence or force, to injure someone else. Sometimes, this act is known as an attempted battery. Battery (California Penal Code §242) is the act of making contact with someone else in a harmful or offensive way. To sum up, no contact or injury is necessary to be charged with assault, whereas an offensive or illegal contact must take place for a battery.
An injured victim can file charges of assault or battery or both. The litigation path is complex, depending on the type of injury, the way it happened and what evidence is available.
Types Of Assault Or Battery
According to state statutes, any of the following scenarios can result in criminal charges of assault and/or battery:
- Striking or threatening to strike a person with a weapon or dangerous object
- Shooting a person with a gun or threatening to kill someone while pointing a gun at them
- Assault or battery with the intent to commit another felony crime such as robbery or rape
- Assault or battery resulting in serious physical injury, including permanent disfigurement
- Assault (threat of violence) while concealing one’s identity
- Assault or battery against a member of a protected class, such as a police officer, health care provider, social services worker, mentally/physically disabled or elderly person
- Intentional tripping
- Shoving or pushing
- Hitting or punching
- Bar fights
- Sexual assault and rape
- Domestic violence and child abuse
Punishment And Penalties
Simple assault: Misdemeanor punishable by up to six months in a county jail and/or a maximum 1,000 fine, probation, restitution to the victim(s)
Battery: Either a misdemeanor up to six months in county jail, and/or maximum fine $2,000, plus probation, or felony (depending on the nature of the alleged offense) punishable by up to three years in county jail or state prison, a fine of $2,000 up to $10,000, or both, probation
If serious injury or death was inflicted against a police officer or medical worker, assault and battery could be a felony with much more severe sentencing. Convictions for felony battery or misdemeanor domestic violence can also prohibit the person from owning or possessing firearms.
Common Criminal Defenses Used Against Assault And Battery
- Self-defense from others, if “excessive force” was not used
- The act was not done “willfully,” meaning it was an accident
- Reasonable disciplinary rights of parents
- False accusation or misidentification
- Consent to the act or activity
- Defense of another person
- Defense of a home or personal property
Why Hire Our Criminal Defense Attorney?
With more than 40 years of experience, the team at Law Offices of Severo, PLC possesses the skills and means required to guide you step by step through all the legal procedures and get the best deal possible. Please do not hesitate to contact us for a free initial consultation. We have numerous office locations across California. Call 888-983-1217 or contact us online. Hablamos español.