Aggressive San Diego Assault Attorney & Battery Lawyer Helping You Stay Out Of Jail
Our San Diego assault lawyer understand that assault could happen when a fight breaks out in a bar or at a stadium where fans for different teams turn violent during a game.
It could happen in the bedrooms and living rooms of homes where husbands and wives or boyfriends and girlfriends let emotions get the best of them and things turn nasty.
All of these examples carry with them the potential for violence and when that occurs, assault or battery charges can be filed by the authorities. Essentially, an assault is defined by one person attempting to physically injure another person or persons and a battery occurs when an injury is actually inflicted.
You may not know this but authorities can even charge a crime when they believe someone even threatened or attempted to hurt someone else but actually didn’t. The charges and possible penalties can become even more serious when weapons or objects used as weapons are involved.
San Diego Assault Cases
Assault is a serious offense that can land you in big legal trouble if you do not have the right San Diego assault attorney on your side
So what is really an assault? Under California penal code 240 PC, an assault is the threat or attempt or ability to strike or harm another person. You can still be charged with assault even if you did not successfully strike or harm the other person as long as they were aware that you intended to harm them.
Assault does not require the physical touching of the victim. Assault is normally charged as a misdemeanor when it is a simple assault. An assault has consequences of :
- Up to six months in jail
- Up to a thousand dollars in fine
- A community service
- A batterer program
Aggravated Assault & Assault With A Deadly Weapon
What is considered an aggravated assault? Aggravated assault also called assault with a deadly weapon, under California penal code 245 (a)(1), is an attack that causes a serious injury to a person and involves a deadly weapon. Aggravated assault can be charged as both a misdemeanor and a felony, however, prosecutors normally go for the felony. The penalties for an aggravated assault include:
- One year in county jail up to 4 years in state prison
- $10,000 dollar fine
- Anger management program if charged as a misdemeanor
- Victim compensation
What is a Battery in San Diego & California?
A battery under California penal code 242 PC, occurs when a persons willfully and unlawfully use force or a weapon on another person. There do not need to be a physical injury to be charged with a battery. All is needed is for you to make an unwanted physical contact to another person.
Battery is also divided into several subtypes. These subdivisions usually include:
Simple battery: any non-consensual, insulting, or hurtful contact
Sexual battery: battery in the context of a sexual situation
Domestic violence battery: battery that occurs in the home between partners
Aggravated battery: an offense that results in serious bodily harm
Both battery and aggravated battery carries some serious consequences legally. These consequences include:
- A possible strike on ones record
- Up to $10,000 fine
- Up to 4 years in prison
The bottom line is that whether you are charged or accused of assault or battery, there are a lot of consequences besides the ones mentioned. There is also the possibility of loss of employment, suspension or revocation of a driver’s license, losing the right to possess a weapon and a criminal record that could have a significant and detrimental effect on your future. However, if you lawyer up with an experienced San Diego battery attorney you can reduce your legal consequences.
How Our Skilled Team Can Help You With Your San Diego Assault & Battery Case
Assault and battery cases typically involve heated emotions in which one person may have an agenda against another and exaggerate what happened. Sometimes, after emotions cool, the versions of what occurred change. Police often err on the side of protecting who is perceived to be the victim, whether that is the true situation or not.
Officers commonly do not ask the right questions or are ignorant of important facts, such as whether there was provocation or self-defense. There can be a long history of problems in a relationship of which investigators also are unaware. Those any many factors and other pieces of evidence that a San Diego assault lawyer and battery attorney will present on your behalf.
Some of the other defenses our attorneys will mount to exonerate you are:
- In the cases of domestic abuse battery towards a child – we will try to present your right to discipline your child as a parent
- Self defense and defense of loved ones- you where fearful of your life and responded
- The assault or battery was not intentional
- You are simply being wrongfully accused
- You don’t have the ability and resources to commit the crime
It is not unusually for skilled lawyers such as ours to present these facts to prosecutors while they are still evaluating a case and convince them to either file reduced charges or dismiss the case altogether. In other cases we have developed facts as the cases evolved and convinced judges to reduce or dismiss the charges and, in cases that have gone before juries, won acquittals.
There is no substitute for experience when you seek the right lawyer to represent you in an assault and battery case. You want the most aggressive, experienced attorney you can have on your side to ensure that you are provided the best representation that gives you the highest probability of having charges settled in your favor.
Our criminal defense attorneys have represented hundreds of clients in criminal cases in every courthouse in San Diego County and are well-versed in the intricacies of the local criminal justice system. We solid relationship with the prosecutors, judges and probation officials who are key figures in the resolution of any case, be it assault or any other criminal charge.
Contact Our Assault Lawyer in San Diego, CA Us Immediately For Free Legal Consultation For Your Assault & Battery Cases
Our San Diego assault lawyer & battery attorney are the premiere legal pros when it comes to defending those accused of crimes. Our firm attorneys has won many awards for our works. Contact us for a no obligation initial consultation. 619-627-0070