Los Angeles Assault & Battery Lawyer

Assault & Battery Charges in California

Assault & battery charges result in some of the most contested cases in the courthouse and it is critical to contact a Los Angeles criminal defense attorney right away as early intervention is the key. These incidents are often the product of passion or other circumstances related to a relationship. Due to the emotional nature of these events, we are often able to get charges dismissed, reduced, or not even filed at all. Assault and battery are two basic crimes; assault is a violent crime and considered the more serious of the two. Although there are similar factors to both, the punishment varies substantially. Just as important, these charges can cause job loss or other non-criminal consequences such as lawsuits and damage to reputation.

Criminal Defense Lawyer serving Los Angeles

Battery involves the willful and unlawful use of force of one person against another. Although this is a misdemeanor in the state of California, punishment can still be severe and include serious fines or even jail time. California Jury Instructions outline the following factors that the prosecutor must prove beyond a reasonable doubt”

  • The defendant willfully and unlawfully touched the person in a harmful or offensive manner and;
  • The defendant did not act in self-defense

The touching may range from slight to more forceful. Being provoked by words, no matter how offensive, is not an excuse. There are many variations to this charge so it is important to review the specific relationship and circumstances before a plan of attack is hatched.

Assault: Felony or Misdemeanor

Assault occurs when either a weapon is used or there is the possibility of serious bodily injury. These charges can be filed as either a misdemeanor or felony depending on the facts of the case. Punishment for assault can result in jail time or even a state prison sentence. California jury instructions provide the following factors that the prosecution must prove beyond a reasonable doubt:

  • The defendant did an act with a weapon or an act that by its nature would directly and probably result in the application of force to a person.
  • The defendant did act willfully;
  • The defendant was aware of facts that would lead a reasonable person to realize that the act, by its nature, would directly and probably result in the application of force to someone;
  • When the defendant acted, they had the present ability to apply force to the person and;
  • The defendant did not act in self-defense.

There is no requirement for any touching to take place; the offense is an act that may result in touching. If a gun or weapon is used, the case can be far more serious. Use of a weapon will bring the assault within the meaning of the three strikes law.

Assault & Battery Defense Attorney serving Los Angeles

If you are arrested, The Law Offices of Decio Rangel, Jr. may be your best ally. We will begin working on your case immediately. By presenting the complete picture to law enforcement, we have been extremely successful in assisting people accused of these crimes.

Contact a Los Angeles assault & battery defense lawyer from our proven firm right away to assist you in seeking the most favorable outcome achievable when you are facing assault & battery charges.

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