Because assault charges are considered a crime of violence, they are not to be taken lightly. In order to avoid jail time for an assault and battery charge in Los Angeles, take the first step and contact a Los Angeles assault attorney.
The assault and battery attorneys at Shield Criminal Defense Law have over a decade of experience successfully defending misdemeanor and felony assault cases in California and are ready to help you now. Call us for a free consultation at (213) 514-8732.
Did you know?
You can be charged with, and convicted of simple assault even if no one was physically hurt by your behavior. As a result, far too many people who have no criminal history, and never thought they were doing anything that was against the law, get convicted and penalized for assault.
You can be charged with simple assault by committing actions like:
- Throwing objects; and
- Causing fear of physical contact
A Los Angeles Assault and Battery Lawyer Can Help
What’s the difference between “simple assault” and “assault and battery”?
People often use the phrase “assault & battery” in tandem. But in fact, assault and battery are two different crimes.
California assault law defines an assault as an attempt to use force or violence on someone else. Battery, on the other hand, is the actual use of force or violence on someone else.
The key difference is that a simple assault does not require any physical contact or injury, and is more likely to be charged as a misdemeanor; whereas a battery requires some type of physical contact no matter how slight and is almost always considered a felony.
You will be charged with a more serious felony crime for the following offenses:
- Aggravated Assault (an assault committed or the threatening of harm with a weapon)
- Assault with a Deadly Weapon
- Domestic Violence
- Child Abuse
- Sexual Assault
- Assault and Battery
What are the consequences of an assault conviction?
Punishments for assault and battery convictions can vary greatly, depending on factors like the criminal history of the defendant, evidence presented and the circumstances surrounding the crime.
Sometimes first time offenders may receive more leniency, while repeat offenders are more likely to face more severe penalties for similar crimes.
Los Angeles assault convictions may result in:
- Court fines
- Mandatory Anger Management courses
- Community service, or
- Imprisonment for up to 6 months for misdemeanor charges and extended incarceration for felony convictions
In addition to facing criminal charges, a person charged with assault and battery might also be sued in through the civil court system. If the victim is injured, or suffered physical or emotional distress, they have the right to sue in civil court, where you may be ordered to pay monetary damages such as medical bills, compensation for the victim’s lost days at work, and even money for the pain and suffering caused to the victim.
Civil liability may be proven even if you are found not guilty in the criminal court system.
How can my assault charge be defended?
A Los Angeles assault attorney can help. There are several defense strategies that we can use to fight these charges. These include:
- You did not have the physical ability to inflict force/violence on the other person
- You were protecting yourself or someone else
- One of the most common defenses is self-defense or defense of others. In assault and battery cases, we can use this defense if you believed you were under threat of violence; or you were acting to defend someone else from physical harm
- You did not act deliberately or with malicious intent
- You were wrongfully accused.
By using the defenses that apply best to your particular situation, we may be able to get your charges dismissed or your sentence reduced.
Things may look drab when you are charged with assault and battery in Los Angeles, but it’s important to remember that you have not been convicted yet. It’s up to the prosecutor to prove that you intended to harm someone and that you carried through with that intention.
Contact an experienced Los Angeles assault lawyer to help map out the best defense strategy for your case. Call Shield Criminal Defense Law today at (213) 514-8732 for your free consultation.