Circumstances leading to criminal charges of assault and battery run the full gamut from neighborhood squabbles to bar brawls and domestic violence. The crime of assault refers to an intentional attempt to injure someone. Assault can also refer to threats causing someone to fear harm. When physical contact occurs, this is the crime of battery.
Categories Of Assault And Battery Charges
Criminal charges may classify assault and battery as a misdemeanor or felony depending on factors such as:
- Whether the perpetrator allegedly used a deadly weapon
- The severity of injuries
- Whether the alleged victim was a public worker (such as a teacher or health care provider)
- Whether the actions occurred in connection with another crime classified as a felony, such as armed robbery
If the person harmed was an intimate partner or close family member, police may bring charges of domestic violence.
In so-called "wobbler cases," a court may decide whether an assault and battery offense should be a misdemeanor or felony.
Penalties And Defenses
Penalties in assault and battery cases may include jail time, fines and other consequences such as required restitution. If a case dismissal is not an option, a plea bargain may seek probation in lieu of jail time.
Whatever particular assault and battery charges you face, an effective defense may focus on:
- Extenuating circumstances such as whether the other person picked a fight
- Credibility issues, if the complainant has demonstrably lied in similar past cases
- Self-defense or temporary insanity as an argument
Charged With Assault And Battery? Attorneys At Glew & Kim Are Here To Protect Your Constitutional Rights.
As you look for a lawyer to represent you, consider past results and overall reputation. Defense attorney Christopher Glew is a frequent guest on television and radio broadcasts. Observers have called him the "the hottest criminal defense attorney in Orange County." We are convinced that our attorneys' experience gives clients a decided advantage.
Contact Glew & Kim in Santa Ana to schedule a consultation and get your California assault and battery case evaluation underway. Call 866-416-2161 or send an email message through this website.
Se habla español | 한국어