San Fernando Valley Assault and Battery Attorney
LEARN YOUR BEST STRATEGY IF YOU ARE CHARGED WITH ASSAULT AND BATTERY
In my experience, I have seen assault and battery cases filed when two people get into a fight, altercation or yelling match. Usually one party gets the better of the other and the police are then called out to the scene and make an arrest.
However, just because one person got the better of another in a fight, does not necessarily mean that it is appropriate for the police and prosecutors to press a criminal case against the winning party.
Most of these scenarios revolve around reasonableness. If both parties act reasonable in a mutual combat situation (if that is possible) then technically no one should be charged with a crime.
Yet if one party goes too far, then this is where criminal charges come into play. For example, arming one’s self with a weapon in a fist fight is never a good idea. Weapon against weapon is usually OK, but unless the other party is seriously injuring you during a fight, then it is never a good idea to get a weapon. This is where the prosecutors can get you for a battery, assault and even assault with a deadly weapon.
- How Does California State Law Define Assault And Battery Charges?
- How Does The Degree Of Injury Suffered Impact An Assault Charge?
Where I see assault and battery charges being filed, is when one side to an argument goes way above what is reasonable and loses control of their emotions and puts themselves in a position where they have to defend themselves.
Having handled these assault and battery cases over the past twenty five years, I have a good feel when it is a good case to press your rights to a jury, or simply let your attorney negotiate a deal with the prosecutors.
There are a lot of factors to be considered when deciding whether to go to a jury trial. And, one of the biggest surrounds giving your attorney all of the details of the situation and letting them guide you to a successful resolution. Embellishing the story or leaving important facts our of the story is never helpful and can end up hurting you in the end.
IMPORTANT LAW TO CONSIDER IN ASSAULT AND BATTERY CASES
The law in these cases is fairly straight forward. For a battery, under California Penal Code 242, there requires a harmful or offensive touching to another party and your actions have to be unlawful under the circumstances you are confronted with.
Even though the battery law is fairly straight forward, the scenarios that I see people getting themselves into are usually anything but straight forward. However, as I mention above, if someone is acting unreasonable under the totality of the circumstances, then that person will be the one hit with the criminal charge and their defense attorney will have a tough road to hoe in defending them.
Assault and battery, although separate criminal acts, are generally grouped together in a criminal charge. This is because most of the scenarios where these crimes are trigger involve violent behavior that amounts to both assault and battery.
Many of the incidents where police are called out related to an assault and battery issue are never filed by the local prosecutors, because they do not believe the situation is serious enough to warrant a criminal filing. If the prosecutors do decide to file a criminal battery or assault case, then the situation is usually more serious and dangerous than the average violent confrontation.
Assault, under California Penal Code 240, occurs if you threaten someone with bodily with the intent of making contact with them. For a battery, physical harm is made with the person in a harmful or offensive manner.
Both assault and battery are violent crimes and are taken seriously by prosecutors in Los Angeles County. These charges are usually filed by the City Attorney’s Office in the state of California. Penalties may include probation, fines, jail time and loss of other important rights.
Different Types of Assault and Battery Charges
We pride ourselves in taking the defense of these cases seriously and being Criminal Defense Lawyers providing outstanding legal advice and services for all types of assault and battery cases, including the following:
- Simple Assault
- Aggravated assault with a deadly weapon
- Aggravated battery with a deadly weapon
- Felony battery
- Simple battery
- Sexual battery
- Aggravated battery
- Domestic violence
- Disorderly conduct
If you are facing assault and battery charges do not take a chance and contact our Criminal Lawyers in Van Nuys to see where you stand legally. We will discuss your charges and all your available options and defenses. As your criminal defense attorney we do make it a top priority to get you the best possible results by doing everything we possibly can.
We have helped thousands of clients in the San Fernando Valley facing assault and battery charges and have achieved excellent results. We are confident in our legal knowledge, skill, and strategy. Call the firm to speak to one of our attorneys.