What is assault and battery

If you are charged with criminal assault or aggravated battery, you might be wondering what happens next. You need to remain calm and tell the law enforcement officer that you exercise your right to remain silent. It would help if you found a criminal defense lawyer as soon as possible.

At Hurwitz Law Group, we have experience defending clients against allegations of assault and battery in Los Angeles and throughout the state of California.

A conviction for felony assault or domestic violence could change your life forever. In addition to criminal charges, you might find yourself dealing with a personal injury lawsuit.

Learn more about assault and battery charges below. Then, contact us for a free case consultation.

Table of Contents

Understanding Assault and Battery: Legal Definitions

Assault and battery are often mentioned together, but they represent two distinct crimes. Assault is an attempt or threat to injure another person that creates a fear of imminent harm, even if no physical contact occurs.

Battery involves actual physical contact with another person with intent to cause injury, harm, or discomfort. These definitions are crucial for anyone involved in assault and battery cases to understand.

In legal terms, simple assault does not require physical contact between the perpetrator and the victim, just the credible threat of bodily harm. Battery, on the other hand, requires intentional offensive or harmful physical contact. Even without causing substantial bodily harm, a person can still be charged with battery.

Both charges can be elevated to aggravated levels if a deadly weapon is used or if the victim sustains serious injuries. In certain situations, assault charges could accompany domestic violence accusations as well.

The Difference Between Assault and Battery in California

The difference between assault and battery in California

In California, assault and battery are treated as separate legal offenses. Assault is the act of attempting to physically attack another person or a demonstrable intent to cause physical harm.

Battery completes that intent with physical contact, which results in bodily injury or offensive touching. Understanding the nuances between these charges can significantly impact the defense strategy.

For example, throwing a punch that misses could lead to an assault charge, not battery. If the punch connects and causes harm, then it becomes a battery.

Legal consequences differ significantly between the two, with battery often carrying more severe penalties due to the physical harm involved. It is important to accurately identify the nature of the offense when discussing your case with a criminal defense attorney.

What Makes an Assault Aggravated Assault?

Aggravated assault involves factors that elevate the severity of the offense, such as the use of a deadly weapon or the intent to commit serious bodily harm. This form of assault is considered a more serious crime and is charged as a felony in California.

The presence of a weapon, the severity of the threat, or serious injury to the victim can all transform simple assault into aggravated assault. Penalties for aggravated assault are much more severe and can include longer prison sentences and larger fines.

Penalties To Note

Penalties to note

The penalties depend on the statute under which you are charged and whether you are convicted. A few key points to note include:

Common Misconceptions About Assault and Battery

There are many misunderstandings surrounding assault and battery charges that can lead to confusion about what constitutes these offenses. It's important to separate fact from fiction when dealing with such serious accusations.

Here are some common misconceptions about assault and battery:

What To Do if Accused of Assault and Battery in Los Angeles

Being accused of assault and battery in Los Angeles can be overwhelming, but taking the right steps can help protect your rights and strengthen your defense.

If you find yourself in this situation, here's what you should do to ensure the best possible outcome:

Defense Strategies We Can Use

Defending against assault and battery charges requires a thorough understanding of the facts and a strong legal strategy. Our approach focuses on dissecting the prosecution's claims and presenting a robust defense based on the evidence.

Self-Defense

Self-defense is a valid and often used defense in assault and battery cases. It involves proving that your actions were a necessary response to a threat of imminent harm to yourself.

The law allows for self-defense when you reasonably believe that you are in immediate danger of being harmed by another person. This defense typically requires showing that the threat was real and that no more force than necessary was used to repel it.

Lack of Intent

Lack of intent is a critical defense strategy in assault and battery cases. It targets the prosecution's requirement to prove that the defendant intended to cause fear or harm. This defense can involve demonstrating that any contact was accidental or a significant misunderstanding.

If successful, proving a lack of intent could lead to a reduction or complete dismissal of charges.

Mistaken Identity

Mistaken identity is a defense that arises often in chaotic situations where witnesses may confuse one person for another. This defense argues that you were not the person who committed the alleged assault or battery.

Establishing this could involve alibi evidence or witness testimonies to confirm your location elsewhere. Successfully proving a mistaken identity can lead to an acquittal.

The Role of Intent in Assault and Battery Cases

Intent is a necessary element that the prosecution must establish in assault and battery cases. The defendant must be shown to have intended to cause fear, harm, or offensive contact.

Challenging the presence of intent can undermine the prosecution's case. If intent cannot be established beyond a reasonable doubt, the likelihood of a conviction is greatly reduced.

If we can prove that you did not intend to strike someone in a physical attack, we could use this to boost your defense. The sooner you contact us, the easier it will be for us to control the narrative in your case.

The Impact of Assault and Battery Charges on Your Life

The impact of assault and battery charges on your life

Facing assault and battery charges can have profound implications on your personal and professional life. A conviction can lead to criminal records, job loss, and significant social stigma.

Addressing these charges with a serious and effective defense strategy is crucial. A strong legal defense can help mitigate these impacts, preserve your reputation, and protect your future.

Why Choose Hurwitz Law Group for Your Assault and Battery Case

When facing assault and battery charges, having a skilled and experienced defense team on your side is crucial. At Hurwitz Law Group, we are dedicated to providing top-notch legal representation tailored to your unique situation.

Here's why choosing our firm can make a difference in your case:

Experienced and knowledgeable.

Hurwitz Law Group specializes in assault and battery cases, bringing a deep understanding and strategic insight to your defense.

Personalized attention.

We tailor our defense strategies to the specific circumstances of your case, ensuring personalized and effective representation.

Proven track record.

Our firm has a history of successful outcomes, reducing or dismissing charges for our clients through diligent and skilled legal advocacy.

Client-centric approach.

We prioritize your needs and goals, working tirelessly to achieve the best possible outcome while keeping you informed every step of the way.

Free consultation.

Hurwitz Law Group offers a free initial consultation to discuss your case and begin planning your defense strategy without any commitment.

Contact Our Los Angeles Assault and Battery Lawyer for a Free Case Consultation

Contact Our Los Angeles Assault and Battery Lawyer for a Free Case Consultation

If you or someone you know has been accused of assault and battery, it's crucial to seek legal representation immediately. Hurwitz Law Group puts your needs first. We have a long track record of successful case results, and our client reviews testify to our dedication.

Contact us today to ensure that your rights are protected and to start building a strong defense.

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