Assault & Battery Defined in California
Even though assault and battery are usually prosecuted together, the two are categorized as different offenses. Assault is essentially an unlawful attempt to commit an injury to an individual. Whereas battery is actually committing a willful act of violence upon an individual.
If you are being charged with assault and battery, you need an expert criminal defense attorney. Attorney Michael Marley of Marley Law Firm, A.P.C. is aggressive in his stance to get you the results you need. Michael Marley is known for the aggressive, zealous representation of his clients at every stage of the case. For a free consultation, simply fill out a form on our Contact Page or call us at (949) 726-6000.
Potential Punishments for Assault & Battery
Depending on whether or not the crime is classified as a misdemeanor or felony, the punishment can be harsh. If you are convicted of aggravated assault the court could be facing two, three, or four years in state prison, county jail for up to one year, and a fine of up to $10,000.
The severity of punishment varies from case to case and can be extreme. Using weapons or other aggravating factors often makes the sentence much harsher, as that brings on more charges.
How Can an Assault & Battery Attorney Defend Your Case?
It is important to note, just because assault or battery charges have been filed against you, does not mean that you will face punishment. As the great saying “innocent until proven guilty” states, it is the prosecutor’s burden to present evidence to a jury that a crime was committed beyond a reasonable doubt. It is our job to defend your innocence as prosecutors like to exaggerate the facts and the evidence.
You have the right to defend yourself in a court of law. Just because charges are brought up against you does not mean the case is over. There are numerous ways a defense attorney can choose to defend their client as each case tends to be unique. Just as prosecutors can provide evidence, so can we. Our intention is to cast doubt on whether the conduct being presented actually happened, or that it was justifiable under the circumstances. Here are some strategies for defending your assault and battery case:
- Self-Defense
If someone attacks you, or another person, and you defended yourself, or the other person, by using reasonable force. - Lack of Intent
Under California law, to commit a crime of battery you must have acted “willfully” to injure another person. If you lack the required element of intent, then you did not intend to assault the victim. - Consent
You cannot be convicted of assault and battery when the other party knows that physical contact is likely to occur. For example, a sparring match where both parties agree to the possibility of physical harm.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
