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
- 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.