Criminal Defense Lawyers

California Assault & Battery Defense Lawyer

California Assault & Battery Defense Lawyer

Being charged with assault or battery in California can be scary. These charges carry serious penalties like jail time, fines, probation, restraining orders, and can even affect your ability to work in certain careers. But with an experienced criminal defense lawyer on your side, you may be able to get the charges reduced or even dismissed. This article will explain what assault and battery charges are, potential defenses, and how a knowledgeable lawyer can help you.

What is Assault vs Battery in California?

While assault and battery are often charged together, they are actually two distinct crimes in California:

• Assault – Attempting to commit violence against someone else. No physical contact is required. Just the threat or attempt to injure is enough 1.
• Battery – Any willful and unlawful use of force or violence against someone else 2. 
• Battery requires offensive or harmful contact.

Assault is usually charged as a misdemeanor punishable by up to 6 months in jail and $1,000 in fines 3. 

Examples of Assault and Battery

Some examples of assault or battery include:

• Punching, kicking, or physically attacking someone
• Spitting on or shoving someone
• Threatening to hit someone while raising your fist
• Offensive or unwanted touching
• Throwing an object at someone
• Using a weapon to harm or threaten harm

Even minor incidents like shoving in a bar fight or unwanted groping can lead to charges. Self-defense is not considered assault or battery.

Common Defenses Against Assault and Battery Charges

Here are some of the most common legal defenses a criminal lawyer may use:

• Self-Defense – If you acted in self-defense or defense of others against an aggressor, this can justify reasonable use of force 5.
• False Accusations – The alleged victim is lying or exaggerating about what happened. Your lawyer can investigate inconsistencies.
• Mistaken Identity – You are accused of a crime committed by someone else who looks like you.
• Lack of Intent – For battery, the prosecution must prove you “willfully” committed the act. If it was an accident, you lacked criminal intent.
• Consent – For battery, if the alleged victim consented to the physical contact, it may not be criminal. This applies primarily to sports and sexual contact.

Domestic Violence and Restraining Orders

Allegations of domestic assault or battery against a spouse, partner, or family member often lead to restraining orders that prohibit contact. Violating a restraining order can lead to additional charges.An experienced criminal lawyer can help defend against false accusations in domestic violence cases and may be able to get the restraining order dropped or modified for things like child custody.

Why Hire a Criminal Defense Lawyer?

The costs of being convicted for assault or battery charges can follow you for life. Even misdemeanor convictions remain on your criminal record forever and can hurt job, housing, and other prospects.A knowledgeable criminal defense lawyer has experience getting charges reduced or dismissed by:

• Conducting a thorough investigation of what happened
• Interviewing witnesses to find inconsistencies
• Negotiating with the prosecution before charges are filed
• Identifying weaknesses in the prosecution’s case
• Presenting persuasive legal defenses in court

While every case is different, an experienced lawyer is often able to get charges dropped completely or reduced to lesser offenses. They can also help minimize penalties like fines, probation, and jail time if charges cannot be dismissed.Having skilled legal representation can make all the difference in how assault and battery charges impact your life going forward. Don’t leave your future to chance.

Finding the Right Criminal Defense Lawyer

If you or a loved one are facing assault or battery charges in California, don’t go it alone. Consult with a criminal defense lawyer as soon as possible about building the strongest defense.When choosing a lawyer, look for these important qualifications:

• Specialization in criminal defense – Not every lawyer has experience defending assault and battery charges. Look for those who focus specifically on criminal defense.
• Familiarity with local courts and prosecutors – Each jurisdiction handles cases differently. Local knowledge can inform strategy.
• Track record of positive case results – Look for lawyers with a proven history of getting charges dismissed, reduced, or penalties minimized after trial.
• Affordable legal fees – Rates can vary widely so discuss costs upfront and look for flexible payment plans.
• Good client communication – You need a lawyer who is responsive, explains things clearly, and makes you feel comfortable and supported.

Don’t leave your future up to chance. An assault or battery conviction can follow you for life. Consult with a knowledgeable criminal defense lawyer as soon as possible about fighting the charges and protecting your rights. With an experienced lawyer on your side, you have the best chance of the most favorable outcome.

References

 https://www.shouselaw.com/ca/defense/penal-code/240/

 https://www.shouselaw.com/ca/defense/penal-code/242/

 https://www.severolegal.com/assault-battery/

 https://www.californiacriminaldefender.com/assault-battery.html

 https://www.aronlawfirm.com/understanding-the-difference-between-battery-and-assault-in-california/