Due to the many law shows on TV, and inaccuracies within them, many people believe that assault and battery is a single charge. The truth is that it’s actually two separate crimes and they’re not always charged in conjunction with each other. Assault, in short, is willfully trying to hurt someone, while battery is succeeding in doing so. If you’ve found yourself arrested for or accused of one or both of these crimes, then it’s time to call Law Offices of Torrence L. Howell.
There are a number of assault and battery types
Within the charges of assault and battery, there are other, more specific charges you could be facing. One common example is assault with a deadly weapon. It seems clear from the name what this means, but in actuality it doesn’t have to involve using a weapon. The “weapon” in this scenario can simply refer to any type of force that a reasonable person would believe could cause significant physical harm.
Then consider that if that assault with a deadly weapon was successful. Now an aggravated battery will have occurred. Finally, the relationship between the person charged and the accuser can have a bearing. If they are romantic partners or family members, then the charged could include domestic battery. This is a serious crime in this state and can result in the inability to legally own a firearm.
Potential consequences for a conviction
If you’re convicted of assault and battery then you could be facing serious consequences, up to and including probation, community services, fines, and significant time in either county jail or California state prison. In most cases, a conviction for simple assault and / or battery with no or minor injuries isn’t going to result in more than six months in a county jail.
However, a conviction for a more serious assault or one that involved a deadly weapon can come with a sentence of years in prison. In the event the assault involved sexual assault, then you may be required to register for the sex offender list.
We will work to find the best legal defense for your needs
There are a number of ways we can fight your assault and battery charge. In many cases, we argue that the defendant was acting in self-defense. We may also show that you were defending someone else, or that the injuries were the result of nothing more than accident. If you’re charged solely with assault, then we’ll likely argue that you either didn’t have the intent to follow through or you didn’t have the physical ability to do so.
No matter what your situation is, one thing is true: You need to talk to a California defense attorney. At Law Offices of Torrence L. Howell, we have years of experience successfully handling all types of cases – including assault and battery. Don’t hope for the best. Don’t take a plea without discussing it with an attorney. Reach out to us at 909-920-0908 for your free case evaluation.
