Assault & Battery Lawyer

ASSAULT

Under California Penal Code 240 PC, assault is defined as an “unlawful attempt…coupled with a present ability….to commit a violent injury upon another person.”  In easier terms, this means that carrying out the deed is probably going to result in force towards another person.

California assault law doesn’t necessitate a definite injury. Because of this, it is easy for people to be wrongly accused, and in some cases convicted, of assault.

In order to receive a conviction for assault, the prosecution must show that you had the intention to cause injury to someone else and that you were capable of manufacture this situation. Rarely is a defendant charged with a “basic assault”; charges are usually accompanied with assault with a weapon.

MISDEMEANOR  AND FELONY ASSAULT CHARGES

  • Simple assault charge
  • Fines up to $1000 and/or incarceration up to 6 months
  • Aggravating factors will elevate the sentencing

BATTERY

Battery is defined by California Penal Code section 242 as a “willful and unlawful use of force or violence upon the person of another.” Battery is any conscious and unlawful touch that is hurtful and/or offensive.

MISDEMEANOR BATTERY CHARGES

  • Simple batteries
  • Verdicts with fines of up to $2000 and/or 6 months of jail time

FELONY BATTERY CHARGES

  • More serious batteries
  • Verdicts with jail time of  2, 3 or 4 years

FREE CONSULTATION

Please call our office for a free consultation regarding the facts of your case. We are available 24×7 and care about your rights. 909-340-2000

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