Assault and Battery Charges
Although often categorized, assault charges are actually separate offenses from battery charges. Assault is an attempt to physically harm another individual. Battery is the actual use of force on another person. Consequently, a charge of battery will almost always include a charge of assault. Assault and battery can be either a misdemeanor or felony offense. Misdemeanor assault and battery can include hitting, kicking or punching that does not result in serious injuries. When significant physical harm or injury occurs, assault and battery will almost always be charged as a felony.
A conviction in a misdemeanor assault and battery case can result in jail time of up to six months and up to $2,000 in fines. The punishment for felony assault and battery is up to 4 years in prison and $10,000 in fines. Aggravated assault and battery will result in even more serious penalties, as the components of such a crime include:
- Attempt or actual cause of severe injuries to another person
- Use of a deadly weapon such as a gun, shotgun or knife
- Assault and battery of a police officer
Secure defense from out Los Angeles criminal attorneys!
Assault and battery charges can be extremely complex to fairly simple. Depending on the circumstances of your case, a number of different defense methods are available that can be employed on your behalf. For example, you may be able to claim that assault or battery (or both) were used as a means of response to a perceived threat of harm that caused you fear.
A case such as this would specifically claim self-defense. In other circumstances, you may be able to claim that your actions were made in the defense of others. In this case, rather than experiencing a perceived threat of fear for oneself, you instead feel it for another (or perhaps even a group of individuals), consequently causing you to act in a way that ultimately led to your charges. Similarly, you may be able to claim your actions were made in defense of personal property.
There are many versions of defense that exist when it comes to defending charges of assault and / or battery. However, only with a qualified legal professional will you be able to successfully employ any of these. Therefore, it is beyond imperative that you seek professional assistance as quickly as possible. Martinian & Associates is a competent criminal defense firm that has successfully helped many clients accused of assault and battery. Upon contacting our legal team, we will immediately review your case and discuss the various defense strategies that may be used to prevent a guilty verdict. Our firm also has considerable resources that can be employed when fighting your charges.