Winnetka Assault & Battery Attorney

If you are charged with assault or battery in Winnetka, you should expect to face harsh penalties for a violent crime. The Winnetka criminal justice system takes both assault and battery seriously, and these charges can stay on your permanent record, hurting your reputation for the rest of your life. If you are facing an assault or battery charge in Winnetka, no matter the severity, you get in touch with a Winnetka assault and battery attorney as soon as you can.

At the Law Offices of James E. Silverstein, we understand how frightening assault and battery charges can be. When you put your case in our hands, you are trusting an experienced attorney who is well-versed in assault and battery law. Mr. Silverstein can closely analyze all of the facts of your case and give you informed, personalized advice on how to move forward. No matter how serious your charges are, he can fight for a positive outcome.

What Is Assault in Winnetka?

If you are being charged with assault in Winnetka, it is important that you understand the meaning and the implications of this criminal offense. In the state of California, assault refers to the threat of violence rather than the actual act of inflicting physical harm on another person.

This means that if you are accused of assault, you are being charged with threatening to hurt someone. In order for you to be found guilty, you will have to have caused this person fear that you were going to harm them.

The charges that you will face for assault in Winnetka depend on a host of factors. For example, aggravated assault and assault with a deadly weapon are both more serious types of assault that you might be charged with.

If there were aggravating factors in your case scenario, if you are being accused of using a weapon like a gun to intimidate or threaten someone, or if you have prior assault convictions on your record, you might have to face a more serious sentence than if such factors were not at play in your case.

What Is Battery in Winnetka?

Often incorrectly used interchangeably with the term assault, you can only be convicted of battery if you are found guilty of inflicting physical violence on another human being. For instance, if you are charged with slapping, hitting, punching, or otherwise causing another person physical harm in California, then you might be charged with battery. The extent of the injury that the situation resulted in can impact the severity of your punishment.

You can only be found guilty if the prosecution is able to prove that you did what you are accused of. When it comes to situations of physical violence, circumstances can quickly become confusing, so it is useful to have an attorney on your side to sort things out. No matter how dire your circumstances might seem to you, there are several possible defense strategies that the right lawyer can make on your behalf, including:

• You were acting in self-defense or to protect others who were in harm’s way.
• You did not intend to cause the other person harm, and it was accidental.
• You did not, in fact, cause the other person physical harm.
• This was a case of mistaken identity, and you were somewhere else at the time and place of the alleged crime.

Even if you think there is no hope in your situation, you should get in contact with a criminal defense attorney. They can critically examine your case to determine what your ideal strategy should be. Even if you’re unlikely to win your case by pleading not guilty, a lawyer can negotiate a plea deal that reduces your penalties as much as possible. Regardless of the amount of evidence against you, a skilled attorney is always an essential asset for your case.

What Are the Penalties for Assault and Battery in Winnetka?

The penalties that you can expect to face for assault and battery in Winnetka will vary drastically depending on several factors. In California, both assault and battery are considered “wobbler” offenses, which means that they can be punished as either misdemeanor or felony offenses.

The list of factors that make the prosecution classify your case as a misdemeanor or a felony is long, and no two cases are exactly alike. However, all of the things on the list below might determine how your charge is classified and impact the length and severity of your sentence:

• Your criminal history and if you had prior assault and battery convictions
• Whether there were aggravating factors in your case
• If you are accused of using a deadly weapon
• If the person you are charged with assaulting or harming was under the age of eighteen years old
• If the person you were charged with threatening or hurting was a law enforcement officer
• You violently resisted arrest after the incident
• You are charged with battery that resulted in killing another person or giving them a permanent disability
• If the assault or battery charge comes alongside other charges, such as kidnapping, carjacking, and more.

Since there are so many factors at play in shaping your potential sentence, the most effective way to discover what penalties you might be looking at is to get in contact with a criminal defense attorney in your area. An experienced attorney with knowledge of California’s criminal justice system will be able to inform you about the implications of your charge and what negative consequences you might be looking at.

However, in general, the punishments that you might be facing include but are not limited to, expensive fines and time in prison. At the end of the day, the extent of your penalty will depend on if you are charged with simple assault or battery or not.

Simple Assault

If you are charged with simple assault, then you are being charged with attempting to touch another person in an offensive manner. For example, maybe you threw a punch at another person. Even in the event that you missed and did not hurt the other person or even touch them, you can still face penalties for simple assault.

While the consequences for simple assault are not as severe as aggravated assault, if you are charged with simple assault, you can anticipate the following penalties in the state of California:

• Spending up to six months in jail
• Paying up to $1,000 in monetary fines
• Getting a six-month probation

Aggravated Assault

When the act of assault goes beyond a missed punch and involves more serious threats, the state of California considers it to be aggravated assault. There is no clear-cut definition of what constitutes aggravated assault, but it is usually when you are accused of intentionally trying to hurt another person through severe means. For example, all of the following scenarios might constitute a case of aggravated assault:

• If you assault a law enforcement officer
• If you use a deadly weapon in your assault
• If you use dangerous chemicals, poisons, or other substances
• Your assault results in serious injury

Simple Battery

If you are charged with simple battery, you are charged with intentionally touching someone in a harmful manner. The punishments you can face for this can include, but are not limited to:

• Spending up to six months in jail
• Paying up to $2,000

Lots of factors can lengthen the sentence that you have to serve for simple battery. For example, if you are charged with the battery of a peace officer, such as a police officer, you can expect to face a harsher sentence, including up to three years in jail and fines of up to $10,000.

Battery Causing Bodily Injury

If you are charged with battery that resulted in serious injuries, permanent disability, or death, then you can expect to face much stricter penalties than those for simple battery. Depending on your past criminal record and other factors in your case, you could be looking at:

• Spending up to four years in prison
• Up to $10,000 in fines

How Can a Winnetka Criminal Defense Attorney Help You?

When you are arrested for a crime of any type, but especially assault and battery, you should try to remember to exercise your right to remain silent. If you are a citizen of the United States, then you have a constitutional right to a criminal defense attorney, and it is in your interest to take advantage of this. To protect yourself, you should not speak with anyone about your assault or battery charges or your case until you have hired an attorney.

No matter how simple you might think your case is, you can always benefit from the advice of an experienced legal professional when you are facing a serious criminal charge. While you might be tempted to hire the first criminal defense attorney that you hear about, it is important to consider a long list of factors when you hire an attorney to represent you.

You want to invest your money in someone who has experience defending people charged with the same crimes and who has a proven track record of success when it comes to giving those people a positive outcome. You also want to make sure that your assault and battery attorney has a background in standing up for people who are from your area, as this will help make sure that they have an understanding of the legal rules and regulations in the region.

When you hire an attorney, you can reduce your stress by knowing that an experienced professional is helping move your case forward. After reviewing the evidence at hand and tracking down more, if necessary, your attorney can advise you on how to proceed with your case.

For example, they might feel there is enough evidence in your favor for you to plead not guilty and to present evidence and a strong argument in court. On the other hand, your attorney might try to work out a plea bargain so that you get the least severe penalties. Regardless of what path you have to take, your lawyer will always have your interests and future as a main priority.

How Much Does an Assault and Battery Criminal Lawyer Cost in Winnetka?

If you are in need of an assault and battery attorney in Winnetka, it is understandable to worry about the cost of your legal fees. The amount that you will have to pay can vary drastically based on the circumstances that you find yourself in. For example, if you are facing a simple assault charge, you will likely need legal support that is less intensive than if you are facing a charge of battery with serious injury.

It is important to remember that while a more serious charge might mean that you owe more legal fees in the short term, you might be at risk of paying costly fines and spending time in prison if you do not hire an experienced legal professional to represent you. The easiest way to find out how much you might have to pay for a criminal defense attorney’s support is by consulting with an attorney about your specific case.

Get in Touch With James E. Silverstein Today

Time is of the essence when you are facing an assault and battery charge in California. No matter how light or severe your charges might seem or how far along you are in your legal process, you should get in touch with a Winnetka assault and battery attorney as soon as you can. If you are searching for lawyers, the Law Offices of James E. Silverstein is here to help you,

James E. Silverstein has many decades of experience standing up for the rights and futures of California residents. Regardless of what criminal charges you or someone you love is facing, you can put your trust in him to carefully review your legal options. Contact the office today to find out more about how we can help you with assault or battery charges.