Tarzana Assault & Battery Attorney

Assault and battery are severe offenses in the court of law, so accusations of either should not be taken lightly. The two terms are often linked but actually refer to two separate legal charges or accusations. The decision of whether or not to hire an experienced defense lawyer can severely impact your success or lack thereof with your case. If you or a loved one has been arrested or charged with assault and battery, contact a Tarzana assault & battery lawyer as soon as possible.

An experienced defense lawyer will help you understand both your charges and your rights to a fair legal proceeding. Depending on the specifics of each particular case, your actions may be categorized as misdemeanor or felony offenses. Misdemeanor assault and battery charges are punishable by probation, fines, community service, or time in county jail. Felony assault and battery charges can be punished more severely with prison time.

What Is Assault and Battery?

In California, assault is causing fear in someone intentionally, that they will be hurt or harmed, according to California Penal Code 240. An example of such is raising your hand to hit someone. Follow through on the threat of physical harm is not required for an assault charge.

On the contrary, battery is intentionally inflicting unlawful physical contact on another person. California Penal Code 242 states that using force willfully against another person is against the law and is considered to be battery.

While assault refers to the threat of violent harm to another person, battery refers to utilizing violence to inflict actual physical harm on another person. Both assault and battery are punishable by law in California.

Is Assault and Battery Considered a Misdemeanor or a Felony in California?

In California, assault and battery charges can be categorized as misdemeanors or felonies, depending on a few different factors. In cases where an individual does not cause bodily harm, a misdemeanor assault charge may apply.

However, in the event that a deadly weapon was used to inflict harm, the offense may be charged as felony assault. The defendant’s criminal history often plays a role in how the offense is categorized as well. Any instances of assault against vulnerable citizens, elders, or law enforcement are categorized as felonies.

The Consequences for Assault and Battery Charges in California

In California, misdemeanor assault and battery offenses are punished differently than felony assault and battery offenses. Misdemeanor assault and battery charges are punishable by probation, fines, community service, or time in county jail. Felony assault and battery charges can be punished more severely with prison time, heftier fines, probation, parole, or prison time.

In California, consequences for assault and battery charges also vary based on factors such as the defendant’s past criminal history, the nature or severity of the offense, and whether or not there are any aggravating circumstances. Aggravated circumstances are additional details that play a role in elevating the crime. This could mean using a deadly weapon or causing severe bodily harm.

A prosecuting attorney will review the facts of the case as well as the laws of the particular jurisdiction to determine whether to charge an individual with a misdemeanor or felony assault charge.

Criminal charges are not the only consequences of assault and battery offenses in California. A criminal conviction for assault or battery could negatively impact one’s ability to secure employment, housing, professional licenses, and educational opportunities. In some cases, restitution could be ordered to compensate victims for economic losses in a succeeding civil suit. This could include expenses a person incurred due to property damages, lost wages, or medical bills.

Additionally, non-U.S. citizens convicted of criminal assault or battery charges in California may face issues with The Department of Immigration, which can result in deportation.

Different Types of Assault and Battery Offenses

Assault and battery charges in California cover various offenses. The offenses range from a misdemeanor to a felony based on the circumstances.

• Simple assault is an intentional attempt or threat to harm someone without inflicting actual physical harm or use of a deadly weapon. An example of simple assault is threatening to hit someone without actually doing so.
• Simple battery is the intentional use of physical violence or force on someone without causing bodily harm. An example of simple battery is hitting or pushing someone during an altercation.Both offenses above are typically considered misdemeanors. The following offenses, however, are typically categorized as felonies.
• Aggravated assault is an intentional attempt to threaten or harm someone with the use of a deadly weapon. An example of aggravated assault is yelling at someone with a knife in hand.
• Aggravated battery means an intentional and unlawful use of force or violence on someone. An example of aggravated battery is beating someone with an object and causing bodily harm.
• Domestic battery is a form of domestic violence in which a person commits battery on their spouse, partner, family member, etc. An example of domestic battery is hitting one’s spouse.
• Assault with a deadly weapon is an intentional use of a deadly weapon to commit assault. This offense is similar to aggravated assault but specifically leans in on the use of a deadly weapon. An example is threatening to shoot someone with a gun or running towards someone with a knife. This charge does not require bodily injuries to be sustained in order to apply.

How A Defense Attorney Can Help

Facing assault and battery charges in California can be a very stressful situation. It is important to secure proper legal counsel to represent you throughout the process. A California defense attorney can help you understand your options, as well as your rights, during this challenging time. Here are a few ways an experienced defense attorney can ensure you are treated fairly by the law when facing assault or battery charges in California:

• Emotional Support: A defense attorney provides support and empowerment by being your ally throughout your case. Whether you need words of encouragement, practical advice, or a general understanding of the complex legal process, your defense attorney can be the one to guide you and keep you informed throughout the proceedings.
• Legal Counsel: An experienced attorney will come with years of knowledge, which will be very critical when it comes to understanding and explaining your rights. A defense attorney can help you understand the specific laws of your specific jurisdiction in California, as well as the different nuances that may come into play based on the details of the case.A defense attorney is responsible for ensuring that your constitutional rights are upheld throughout the entire legal process. This means they will proactively advocate for your right to due process before trial as well as during trial. With an experienced defense attorney by your side, you are protected from tactics like intimidation or unlawful searches and seizures. They can also guide you to make sure you do not incriminate yourself.
• Strategy: A defense attorney’s role is to think proactively to help you stay ahead of the prosecutor. They will strategize a defense that takes into account potential details that could be used against you by the prosecutor.A great criminal defense attorney will work to create strategies before they’re mentioned in court by reviewing police reports, analyzing evidence, speaking with witnesses, and poking holes in the prosecution’s case against you.In most scenarios, a defense attorney is able to negotiate with prosecutors to avoid trial. In this case, they’d utilize their knowledge of the case, the laws, or even relationships to work to advocate on your behalf, often securing a deal to reduce charges in exchange for your plea. Trials can be very expensive, and the results are always uncertain, so a plea bargain is sometimes a great legal workaround.
• Court Representation: If your case goes to trial, a defense attorney will stand on the front lines for you in court. It is the defense attorney’s responsibility to present a compelling, persuasive case that reflects positively on you and your involvement in the alleged offense. They will challenge any evidence the prosecution presents against you and cross-examine witnesses. Your defense attorney is a crucial member of your litigation team.

General Costs of a Misdemeanor Attorney in California

The cost of hiring an attorney for an assault and battery offense in California can vary depending on several factors. Different factors include the attorney’s experience and reputation and the specifics of the particular case. A more complex case may cost more than a straightforward one. On average, defense attorneys in California charge hourly rates ranging from $150 to $700+. Many attorneys will also require an upfront retainer fee to officially sign on as your legal counsel.

Misdemeanor cases like simple assault or simple battery have lower legal fees. On the contrary, more complicated felony cases like aggravated assault or domestic battery can have much higher legal fees because of the time and resources required to handle the case. It is very important for persons facing assault and battery charges in Tarzana, LA, to discuss the details surrounding fees and payment schedules with their attorney upfront.

Finding the Right Defense Attorney in California

When facing assault and battery charges in California, choosing the right defense attorney can feel like an overwhelming undertaking during an already stressful time. Nonetheless, it is extremely important to take the process seriously, as the decision can make or break your future. In order to find the right attorney for your case, always remember these three key suggestions:

• Choose a California defense attorney who makes you feel seen, heard, and safe.
• Ask questions to make sure the attorney is genuinely paying attention to you and your needs.
• Lastly, be sure to discuss their fees upfront to make sure they are in your budget. It is perfectly acceptable to ask about flexible payment plans if that fits your needs.

In addition to those factors, there are a few other detailed steps you can take when finding the right defense attorney to hire in California.

Be sure to research defense attorneys who practice criminal law and have lots of experience handling cases like yours that involve assault and battery charges. Feel free to ask questions about their statistics, experience, and areas of focus when making your decision.

It’s a good idea to hire a defense attorney who has had positive outcomes in assault and battery cases similar to yours. Look for an attorney who communicates in a way that fits your communication style and works hard on your behalf. You can find out the answers to questions like these by setting up consultations with different defense attorneys in your area.

Assault and battery charges in California can be complex, with varying degrees of consequences. Whether it is a simple misdemeanor assault or an aggravated felonious assault, you have the right to due process under California State Law. A defense attorney can help you through this difficult process and ensure your rights are protected.

Contact the Law Offices of James E. Silverstein

If you or a loved one is facing assault and battery charges in California, securing the services of an experienced defense attorney is the most important decision you can make to ensure your rights are protected. At the Law Offices of James E. Silverstein, we have over 20 years of legal experience representing cases like yours.

We have a deep understanding of the very complex nature of assault and battery cases and are committed to providing you or your loved one with the knowledge, care, and attention to detail you deserve. We will work endlessly to protect and defend your rights and ensure you receive a fair trial under the law. As we pursue a positive outcome for your case, we will also stand by your side as an emotional ally through this trying time.

Contact our team today to learn how we can help you defend your rights against criminal charges. We can set up an initial consultation to discuss all of your questions for your unique case.