In San Fernando Valley, a person who inflicts serious injuries upon another person may face a charge of assault with a deadly weapon or felony battery. Although most people think of knives, guns, and bats as weapons, even a boot can be considered a weapon.
For example, if someone were to stomp on another person’s head while wearing a boot, then they could be charged with assault with a deadly weapon. Even a person’s hands or fists can be considered weapons if the person is specially trained or seriously injures someone. The assault Penal Code Section 240 in California does not include different degrees of assault; there is either straight misdemeanor assault or assault with a deadly weapon.
I Was Convicted Of Assault And Battery In San Fernando Valley, What Penalties Am I Facing?
Battery charges, under Penal Code 242, usually carry a penalty of up to six months in jail. A first-offense domestic violence battery charge carries a penalty of up to six months in jail, while a second offense carries a penalty of up to one year in jail. A felony battery charge for domestic violence carries a penalty of up to three years in prison.
Assault charges typically carry a maximum penalty of up to 90 days in jail. If jail or prison time is not sentenced, then an individual may be placed on probation, be required to take a 52-week domestic violence course, do community service, or take anger management classes.
There are a number of things that can be ordered by a judge depending on how serious the allegations are and exactly what the crime entailed. A defendant may have to pay restitution to the victim if the victim was seriously hurt in a case, but it will depend upon the factual circumstances surrounding the case.
Is Self-Defense A Viable Defense Against Assault And Battery Charges In California?
If some assault and battery cases, if someone is in the process of defending themselves against that person, they may be able to use self-defense in order to avoid receiving a charge or conviction.
This is something that is determined on a case-by-case basis and ultimately boils down to the level of reasonableness involved. The success of a self-defense claim for battery or assault will hinge on a reasonable person’s objective standard.
In other words, an act of self-defense would be considered reasonable if a reasonable person would have defended themselves similarly under similar circumstances. For example, if someone were to initiate a fight and ended up beating that person in response to their measures of self-defense, then they would not be able to use a self-defense claim.
Do I Need Your Law Firm To Represent Me In My Assault Or Battery Case?
No one wants to have a criminal charge on their record, and an attorney may be able to get the charge dismissed or work out a deal that would allow for the successful completion of a diversionary program in place of a conviction. With an attorney, an individual has a fighting chance to maintain a clean record.
For more information on Impact Of Injury On An Assault Charge, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.