Los Angeles Assault Lawyer
Los Angeles, The City of Angels, is one of the most populated and dense places in the California area. People of all races flock here to enjoy, celebrate, and experience the life the city can offer. But beyond the mystifying charisma and appeal of Los Angeles, this city has one of the highest numbers of assault and battery cases. An assault and battery case can send you to jail and stay there for six months to serve time. Harsher penalties are longer jail time, fines, or both.
So, if you are charged or convicted with an assault and battery case, call our assault and battery lawyers here in Hurwitz Law Group. Our experienced criminal defense attorney can guide you by giving you legal advice and representing you on your behalf.
Having no battery lawyer while facing charges is difficult for you, but you also cannot defend yourself since there are rules that need to be followed.
With the help of our Los Angeles assault lawyer, you can learn about your case more. We can mitigate the jail time and fines. Pick up the phone now and call us at (323) 244-4147 or book an appointment for a free initial consultation.
According to the California Penal Code §240, the California Assault Law, also known as the Simple Assault Law, an assault is committed if someone forcefully and unlawfully attempted to hurt someone. A violent crime like this can fall into either a misdemeanor or felony. If the victim filed a civil lawsuit and proven that you caused serious bodily injury to them, a conviction gives you a six-month jail time and a fine.
It would be different if the assault were committed on children, law enforcement, and government establishments. The punishments are way more unforgiving than a six-month jail time.
On top of that, the assault victims and law enforcement should verify that you can commit such an act. That means you have no history of any underlying medical, physical, mental, and psychological conditions that may cause you to act like this.
Many people are commonly confused about the difference between assault and battery. They are not mutually exclusive, but they are related to each other. You cannot separate them because these violent tendencies are commonly done altogether.
An assault is an attempt to injure someone forcefully. However, a battery is a willful act of hurting someone by doing it directly. Not just attempting but touching someone forcefully that may cause harm. Physical harm such as punching, hitting with a weapon, or any act that causes bodily injury is considered a battery.
Violent crimes such as battery and assault cases are hard to defend in criminal court. Especially battery, because any injury you inflicted on the victim is vital evidence to strengthen the charge. You are extending your jail time and stretching your financial penalties longer as a result. However, though it is difficult, there are ways you can defend yourself through your battery attorney.
You were defending yourself or someone else. If you are under attack from an imminent threat, and you reacted, as a form of self-defense, offensively at the aid of your safety, you can be acquitted. For example, a drunk man is pushing you, causing a commotion, and initiating forceful contact, then he charges and attacks you. This is a probable cause for you to defend yourself or others around you at that time. Because if the guy did not attack you, it would be a different story then.
You did not act willfully. This is more prevalent in heavily populated areas. For example, your friend pushed you on the stairs in a building staircase. Being unaware of your friend’s intentions, you were taken aback and caused someone to fall at the stair platform and caused injuries. The one at fault should not be you but your friend who pushed you.
False accusations. Though it can be quickly filed, assault and battery charges are highly technical. Some grounds and elements need to be met so that the defender would not be falsely accused. Though they are not assaulted or battered, some people resort to filing personal injury cases because they seek revenge and want the other person to suffer, maybe because they are mentally or physically absent.
You don’t have the present ability to do it: Being far away or having any physical limitations can be a case that you do not have the current ability to commit battery and assault charges. The assumption that someone will hit you is not valid for a battery and assault case.
There are different penalties and punishments cited by the law for convicted people of an assault case. The legal penalties for an assault conviction are as follows:
The California Penal Code Section 240 states that an assault is a misdemeanor offense punishable by up to six months in jail and court fines. The convicted might also be required to attend an anger management class and other medical and psychological treatment.
An assault committed against Peace and Public Officers is different from civilians. These people also include the immediate families of the public officers. There is a three-strike rule if you are convicted of an assault case against a public officer. But a felony can land you at least three years in jail, a 10,000-dollar fine, or both.
An aggravated assault is almost the same as a simple assault, but it has heavier punishment and fines. An aggravated assault is committed if there is a deadly weapon involved, such as guns or any other instrument that may cause harmful and serious bodily injuries towards a person. Some of the punishments you might face in an aggravated assault are up to 4 years in jail, a $10,000 fine, or both.
There are automatic felony charges towards assault if you point a gun at a person loaded with bullets. This is a quick decider of a 9-year sentence plus other hefty fines associated with the act.
To be convicted, the prosecution must prove that you are, indeed, committing assault against any person. Some elements need to be checked out for you to be convicted. One element left unchecked by the prosecutors may give you the upper hand in winning the case.
Direct act. The first thing the prosecution needs to do is prove that you act on your own and are not driven by others.
Willful Act. It is considered a willful act if you are the one who initiated and demonstrated an unlawful attempt to hurt someone. It does not matter if there are no injuries sustained; the prosecution needs to prove that the intention behind your actions is to harm someone deliberately.
Present Ability in the Situation. If the prosecution proved that you were capable and had the present ability to assault someone, then you can be convicted. But you might ask, how? Present ability means that the limitations are slim and non-existent at the time when the assault is committed. For example, you and your spouse are at the same house when you attempted to point the gun at them, or you are at the car and other similar situations. These are substantial pieces of evidence that can prove your guilt.
Hurwitz Law Group is the top criminal defense law firm in Los Angeles, California. The outstanding performance of our law firm reflects our passion for helping our clients. Our criminal defense attorney earns the Super Lawyer Rising Star four years in a row (2018-present) and National Trial Lawyers from 2017 to the present. Our experienced trial attorney can help you face a personal injury lawsuit by creating great defenses for your case.
We will evaluate the evidence, talk about the strategy we can work on to alleviate and mitigate the sentence on your case, and eventually be acquitted.
Call our Los Angeles Office Now and avail of our free consultation.
Los Angeles has one of the harshest punishments in California, especially for assault and battery cases. But, how much does an assault battery lawyer cost?
The legal pricing depends on the charges made against you and if it is a felony or misdemeanor. It can be per hour or on a contingency basis; most of the time, it is the latter. In Hurwitz Law Group, we practice the latter too. The reason for that is that we want our clients to feel confident that we can win their cases. So, if we were able to recover financial compensation because we won the case, that is where we will get our fee.
When you are charged with an assault when you were just defending yourself, most likely, you will be dismissed. Defending yourself in a Los Angeles assault charge is a valid reason for you to get acquitted, especially if your life is on the line. A defensive stance is an appropriate act of asserting yourself that you should not be harmed. A person attempting to attack or harm you is the one at fault and not you. A battery lawyer can help you fight for your rights and file a civil lawsuit against the other party.
Yes, you will be charged. According to California Vehicle Code 23110, you can also be charged with a misdemeanor for throwing an object on the roadway. With that, throwing a thing at someone is punishable under California Penal Code Section 240.
Yes, but it depends on the situation. Suppose you pointed the gun or another firearm at a person, and it is unloaded. In that case, your assault and battery lawyer can contest the prosecution that you don’t have the ability to do so since you don’t have the intent to harm them. But, still, it is terrible to point someone even with an unloaded gun.
However, if you use the gun or firearm to beat the other person, you used it to hammer them, you can still be charged assault with a deadly weapon under California Penal Code Section 245.
You will also have to pay for the medical expenses and other financial penalties to the alleged victim.
Yes. If the prosecutor can prove that you committed assault through the pieces of evidence, the law will strike its hands to your punishment. It does not matter if they are your spouse, as it will also be linked to a spousal battery under California Penal Code 243. Also, this can be a case of domestic violence charge.
If you are involved in a Los Angeles assault case, our assault and battery lawyer can guide and help you throughout the trial. We will fight for your right and get your life back by mitigating and getting the right strategy to defend your Los Angeles Assault case.
Call our assault and battery lawyer here in Hurwitz Law Group at (323) 244-4147 and book a free consultation.