Los Angeles Assault Lawyer

Los Angeles Assault Lawyer

Los Angeles 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. However, despite its allure, Los Angeles also grapples with one of the highest rates of assault and battery cases. An assault and battery case can send you to jail and keep you there for six months or more.

So, if you are charged or convicted with an assault and battery case, call our assault and battery lawyers at the Hurwitz Law Group. Our experienced criminal defense attorney can guide you by giving you legal advice and representing you on your behalf. Neglecting to hire a battery lawyer while facing charges can make defending yourself significantly harder.

With the help of our Los Angeles assault lawyer, you can learn more about your case. We will do everything we can to fight for the best possible outcome. Call us now at (323) 274-1916 or book an appointment for a free initial consultation.

WHAT DOES ASSAULT MEAN PER CALIFORNIA LAW?

What does assault mean per California law

According to the California Penal Code §240, California Assault Law, also known as the Simple Assault Law, happens when someone forcefully and unlawfully attempts to hurt someone. A violent crime like this can fall into either a misdemeanor or felony. Under this statute, a conviction could result in a six-month jail time and a fine.

Assault victims sometimes file a civil lawsuit against the defendant as well, where you might have to pay for the plaintiff's medical expenses. Therefore, you could find yourself facing both a criminal and a civil case.

This is a lot for anyone to handle, which is why you need a Los Angeles assault attorney in your corner. If you have been accused of inflicting a serious bodily injury on someone else, reach out to us today.

WHAT IS THE DIFFERENCE BETWEEN ASSAULT AND BATTERY?

Many people are confused about the difference between assault and battery. They are not mutually exclusive, but they are related to each other. An assault is an attempt to injure someone forcefully. However, a battery is a willful act of hurting someone directly.

Physical harm, such as punching, hitting with a weapon, or any act that causes bodily injury, is considered a battery. While someone can be charged with assault and battery, battery requires an actual physical injury, while assault merely requires an attempt.

DEFENSES AGAINST ASSAULT AND BATTERY CHARGES

Defense against assault and battery charges

Violent crimes such as battery and assault cases are hard to defend in criminal court. Any injury you inflicted on the victim is vital evidence to strengthen the case against you. However, though it is difficult, we have defense strategies we can use. A few examples include:

You were defending yourself or someone else. If you are attacked by an imminent threat and act in self-defense, that is likely not a crime. For example, if a drunk man is pushing you, you have the right to defend yourself.

You did not act willfully. This is more prevalent in heavily populated areas. For example, you might get pushed down a staircase. Then, you caused someone else to fall, injuring them. The one at fault should not be you but the person who pushed you.

False accusations. Some people are falsely accused of assault and battery. Sometimes, injured people seek to file criminal charges out of revenge or spite. Just because you are accused does not mean you are guilty.

LEGAL PENALTIES/PUNISHMENT FOR BEING CONVICTED OF ASSAULT

The law cites different penalties and punishments for convicted people of an assault case. The legal penalties for an assault conviction are as follows:

MISDEMEANOR | PC 240

California Penal Code Section 240 states that an assault is a misdemeanor offense punishable by up to six months in jail and court fines. Those convicted might also be required to attend an anger management class and other medical and psychological treatment.

PENALTY FOR ASSAULT AGAINST A PEACE OFFICER | PC 241

An assault committed against Peace and Public Officers is different. A conviction under California PC 241 could result in a year in jail and up to $2,000 in fines, plus court costs.

PUNISHMENT FOR AGGRAVATED ASSAULT | PC 245

An aggravated assault is committed if there is a deadly weapon involved, such as a gun or any other instrument that may cause harmful and serious bodily injuries to a person. A conviction under California PC 245 includes up to 4 years in jail, a $10,000 fine, or both.

ELEMENTS OF ASSAULT CHARGES

Elements of assault charges

To be convicted, the prosecution must prove that you have committed assault against another person. Some elements that the prosecutors need to prove include:

Direct act. The first thing the prosecution needs to do is prove that you act on your own and are not driven by others. If you acted under duress, we could use this as your defense.

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 no injuries are sustained; the prosecution must prove that your actions are intended to harm someone deliberately.

Why Hire a Los Angeles Assault and Battery Defense Attorney?

  1. Expertise in local laws: A Los Angeles assault and battery defense attorney has a deep awareness of California's specific assault and battery statutes and how they are applied in local courts. They can identify legal nuances and defenses that are particularly relevant to Los Angeles County. This expertise is crucial in crafting a defense strategy tailored to the unique aspects of the local judicial system.
  2. Experience with prosecutors and judges: Hiring a local attorney means working with someone who has established relationships with the area’s prosecutors and judges. These relationships can be beneficial in negotiating plea deals or navigating the trial process effectively. An experienced attorney knows the tendencies of local legal personnel, which can influence the case's outcome.
  3. Protection of your rights: An assault and battery charge can have severe repercussions, including hefty fines, incarceration, and a lasting criminal record. A skilled defense attorney will protect your rights throughout the legal process. They will work diligently to challenge any improperly obtained or unreliable evidence.
  4. Strategic defense development: Los Angeles assault and battery defense attorneys are adept at developing effective defense strategies based on the circumstances of each case. Whether arguing self-defense, mistaken identity, or consent, they know how to present these defenses compellingly. Their strategic approach can make a substantial difference in reducing charges or achieving a not-guilty verdict.
  5. Support through complex procedures: Working through the criminal justice system can be overwhelming for those unfamiliar with it. A dedicated assault and battery defense attorney will guide you through every step, from arraignment to trial. They provide clarity on complex legal procedures and paperwork, ensuring you know your options and the implications of each decision.

WHY CHOOSE HURWITZ LAW GROUP FOR YOUR ASSAULT CHARGES

Why choose Hurwitz Law Group for your assault charges

Hurwitz Law Group is one of the top top criminal defense law firms in Los Angeles, California. The outstanding performance of our law firm reflects our passion for helping our clients. Our criminal defense attorney has earned the Super Lawyer Rising Star four years in a row (2018-present) and is a member of the National Trial Lawyers.

Our experienced trial attorney can help you craft the strongest possible defense. We will evaluate the evidence, discuss a strategy for alleviating and mitigating the sentence in your case, and fight for either an acquittal or case dismissal.

Call our Los Angeles Office Now and avail of our free consultation.

LOS ANGELES ASSAULT FAQs

How much does an assault lawyer cost in Los Angeles?

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? In Los Angeles, assault lawyers typically charge between $200 and $700 per hour, with some high-profile attorneys charging up to $1,000 per hour. For flat fees, misdemeanor assault cases generally cost between $2,000 and $10,000, while felony cases range from $5,000 to $25,000 or more.

We strive to make our services as affordable as possible, and we will work with you to craft a plan that prioritizes your defense. Reach out to us to learn more. We are transparent in our pricing.

I was defending myself, but I was charged with assault. What must I do?

If you are charged with an assault and believe it was self-defense, you still need to contact us. Defending yourself is a right you have, provided that your response is proportionate to the threat faced.

Can I be charged with assault by throwing an object at someone in their vehicle?

Yes, you can 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 an object at someone is punishable under California Penal Code Section 240.

I used an unloaded gun; can I be convicted of assault with a deadly weapon?

Yes, but it depends on the situation. Suppose you point the gun or another firearm at a person, and it is unloaded. In that case, your assault and battery lawyer can contest the prosecution. We will explore all defense strategies available.

However, if you use the gun or firearm to beat the other person, you can still be charged with assault with a deadly weapon under California Penal Code Section 245.

Can I be charged with assault if the plaintiff is my spouse?

Yes. If the prosecutor can prove that you committed assault through the pieces of evidence, the prosecutor could file various charges. It does not matter if they are your spouse, as it will also be linked to spousal battery under California Penal Code 243. Also, this could lead to a domestic violence charge.

CONTACT OUR SKILLED LOS ANGELES ASSAULT ATTORNEY TODAY FOR HELP

Contact our skilled Los Angeles assault attorney today for help

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 rights and do everything possible to secure a favorable outcome. At Hurwitz Law Group, we have experience with personal injury and criminal cases.

Let our battery attorney provide you with the strongest possible defense. We have the case results and client reviews to prove it.

Call us at (323) 274-1916 to schedule a free consultation.

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