Because of the way assault and battery are defined in the state of California, many defendants are surprised to find that they have been charged after a minor argument that didn’t result in any injuries. Regardless of why you were charged, it’s important to take the situation seriously and seek out professional help from an attorney as soon as possible.
As soon as you or a loved one are charged with assault or battery, contact the team at The SoCal Law Network to discuss your case with an experienced Orange County assault and battery attorney. Call 949-305-7995 to schedule a free consultation today.
Why Do I Need An Orange County Assault and Battery Attorney?
Orange County assault and battery lawyers can review the details of your case to devise a strategy that may help in reducing your charges or if convicted, the penalties. Attorneys will look for flaws in the police investigation or conflicting witness accounts that could poke a hole in the prosecution’s case. A few of the most common strategies for assault and battery charges include:
You were acting in self-defense or attempting to protect someone else.
You did not act willfully, therefore you cannot be charged.
You have been wrongfully accused.
You do not have the ability to actually inflict harm or force on someone else due to a physical limitation.
The attorneys at The SoCal Law Network will guide you through the legal proceedings every step of the way, advising you on plea bargains, contacting witnesses and/or experts and fiercely defending your rights. In a criminal case that deals with battery and assault charges, every second counts, so don’t delay in contacting an attorney. Schedule a free consultation with The SoCal Law Network by calling 949-305-7995.
Even though many people use the term â€œassault and batteryâ€ to describe a crime, these are actually two separate charges in California.
Battery refers to any use of force or violence against another person, even if the victim did not suffer from injuries as a result of the act. However, if the victim did receive serious injuries as a result of your actions, you may be charged with battery causing serious bodily injury.
Whereas battery refers to an incident that actually occurred, assault refers to an attempt to cause harm through force or violence. The difference between the two is the existence of physical contact. In battery, the defendant initiates physical contact with the victim to cause harm, whereas in criminal assault charges, there was an attempt but no actual physical contact.
There is a more severe assault charge known as assault with a deadly weapon. This charge means you have attempted to inflict harm on someone through force or violence using an object that can be considered a deadly weapon. Under California law, a deadly weapon is considered to be any kind of object or tool besides a firearm that could cause serious harm, such as a screwdriver, a hammer or baseball bat.
To better illustrate the differences between these commonly confused charges, take a look at these examples:
Rebecca, who took a swing at her husband with a baseball bat and missed during a heated argument, may be charged with assault with a deadly weapon, even though she did not make physical contact with him.
John angrily pushes a man who cut in front of him in line at the movie theater. He may be charged with battery since he used force or violence to touch someone else in a harmful or offensive manner.
Sarah and Natalie get into an argument at a friend’s party and Natalie throws a punch, but misses and does not make contact with Sarah. Natalie may be charged with assault since she attempted to intentionally inflict harm upon someone else.
All three of these charges should be taken very seriously as they each could carry severe punishments under California law. If you have been charged with assault, battery or assault with a deadly weapon, don’t wait to contact an Orange County assault and battery lawyer at The SoCal Law Network to begin working on your case.
How are assault and battery different?
An assault is a threat of a battery and a battery is an actual unlawful touching of another person
What is civil assault?
There is no such thing as just a civil assault
What is the difference between misdemeanor and felony assault?
There is no felony assault on its own; but a threat of a battery that contains a criminal threat can rise to the level of being felony conduct depending on the nature of the threat and the harm that is alleged by the party making the threat.
What is the difference between misdemeanor and felony battery?
Misdemeanor battery conduct is punishable by a sentence of up to six (6) months in jail, while a felony assault is punishable by a sentence of greater than one year in prison, typically sixteen (16) months, two (2) years or three (3) years in State Prison and even longer in case where more serious injuries occur, such as Great Bodily Injury or Serious Bodily Injury.
What happens when someone commits assault or battery on a law enforcement officer?
An assault and/or battery on a police officer can be charged as a misdemeanor or a felony and it depends on the nature of the conduct; however, because it involves an assault and/or battery upon a police officer, the charges can be more serious
What are the potential consequences of a conviction?
A conviction can have an impact on a person’s ability to obtain employment, immigration status, voting rights, financial aid, government benefits and result in a jail or prison sentence.
What Are The Penalties For Assault and Battery?
Battery that does not cause serious bodily injury is typically a misdemeanor. For misdemeanor simple battery charges, the penalties may be:
Up to six months in county jail
A fine of up to $2,000
However, the penalties can be more severe if the battery was directed towards â€œpeace officersâ€ defined as any of the following people:
Police or other law enforcement officer
Animal control agent
Search and rescue member
Probation department employee
Medical professional performing care
EMT or other emergency response worker
In these cases, the charge can be either a misdemeanor or a felony depending on the severity of the injuries, and may have punishments of up to three years in jail plus monetary fines.
For battery causing serious bodily injury, penalties can vary depending on whether it is a misdemeanor or felony charge. Misdemeanors may result in up to one year in jail, while felonies could lead to up to four years in jail.
Assault charges also have serious consequences. If you are convicted of simple assault, you could face charges including:
Up to six months in county jail
A fine of up to $2,000
Similar to battery charges, if the crime is committed against protected individuals, the penalties are more severe. These cases could result in penalties of up to one year in jail on top of the $2,000 fine.
Penalties for assault with a deadly weapon differ from simple assault. A number of factors determine the penalties, including but not limited to:
What type of weapon was used in the assault
Who the victim was
Whether the victim suffered any injuries as a result of the act
If your assault with a deadly weapon charge is determined to be a misdemeanor, you may face up to one year in county jail, whereas a felony could warrant up to four years in prison.
Because assault and battery charges carry harsh punishments, it is vital that you contact an Orange County assault and battery attorney to represent you in your case. Not only are the attorneys at The SoCal Law Network knowledgeable about assault and battery law, but they are also well-versed in Orange County court proceedings.
How Much Do Criminal Defense Lawyers Cost?
Initial consultations with our team are always free. Before you hire The SoCal Law Network, specific fees will be discussed based on what we know about your case. Defense attorneys typically charge a flat fee, however an hourly rate may be more appropriate for some cases.
Have you or a loved one been charged with assault and/or battery? Contact the team at The SoCal Law Network to speak with a highly skilled Orange County assault and battery lawyer.
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