Los Angeles Assault and Battery Defense Lawyer
Many people are familiar with the phrase “assault and battery,” but few are actually certain what each of the words means and how they are classified as individual criminal charges. Essentially, these crimes are related to mounting a physical attack on another person, but which one is charged might depend on whether or not the attack was completed or simply attempted. While oftentimes they are charged together, this is not always the case, and in some cases you may be charged with only one crime or the other.
Whether you are charged with assault, battery, or both, you are facing a serious criminal situation that could result in severe penalties including jail time and hefty fines. As such, your first call after an arrest should be to an experienced Los Angeles assault + battery defense lawyer like Eric D. Davis, Attorney at Law. Eric Davis has years of experience successfully defending clients against assault + battery charges in courts across Los Angeles, and will work tirelessly to get the charges against you downgraded or dismissed while treating you like a person going through a scary experience, and not just another check to be cashed and file to be closed. For a free consultation, call us today at (626) 628-9596.
Types of Crimes of Assault + Battery in Los Angeles
Under California Penal Code Section 240, assault is the attempt to use force to hurt someone. Battery, on the other hand, is defined under California Penal Code § California Penal Code § 242 as the completed act of using force on someone. As such, in situations where there was a completed attack on another person, you can be charged with assault, battery, or both. If there was an attempted attack that was not completed, however, only assault could be charged.
Penalties for Assault + Battery Charges in Los Angeles
Both assault and battery can be charged at different levels depending on the context in which the crime was committed and the surrounding circumstances. For example, assault is usually charged as what is known as “simple assault.” This is assault without any aggravating circumstances like the use of a deadly weapon or causing the individual serious or life-threatening injuries. For a simple assault conviction, a misdemeanor, you can face up to 6 months in jail and fines up to $1,000. However, if the charge is upgraded due to aggravating conditions like the presence of a gun, it could be charged as a misdemeanor or a felony and you could face as much as $10,000 in fines and as long as 4 years in prison.
There is a similar pattern with battery charges. If convicted of simple battery, you may face as much as $2000 in fines and as long as 6 months in jail. But just like with assault, there are aggravating factors that can upgrade the charge to a more serious grade or even to a felony. These include assault on a police officer, for which you can face up to a year in jail, an assault that causes a serious injury, for which you can face up to 4 years in jail in certain cases, and domestic violence assault, for which you can face a year in jail and a $2,000 fine.
How Can an Assault + Battery Attorney in Los Angeles Help Me with Case?
Whether you are charged with assault and battery, or just one of the two, and whether it is a simple or aggravated charge, Los Angeles assault and battery defense lawyer Eric D. Davis, Attorney at Law has the necessary skill and experience to assist you at every stage of the case in working to bring the matter to the best possible resolution for you and your future. After your arrest for either or both of these crimes, you will be taken to the police station to proceed with the booking process for fingerprints and photographs. It is during this time that you should reach out to a battle-tested attorney like Eric Davis, as your arraignment and bail hearing will occur within 48 hours unless it is a weekend or holiday, and we will need time to prepare for these important early events that could set the tone of the entire case.
At the arraignment, the judge will read what charges have been filed against you, advise you or your rights while the criminal case process proceeds, and ask you to for your initial pleading of guilty or not guilty. A skilled Los Angeles attorney for a criminal arraignment like Eric Davis is will likely guide you on entering a plea of “not guilty” while evidence is collected and we try to work out a plea deal with the prosecutor. At the bail hearing, the judge will decide if you can be released from prison while the underlying charges are being resolved and, if so, whether to set money bail or non-monetary conditions on your release. Eric Davis can make the strongest arguments for you to be released on little to no bail.
In some cases for minor assault and battery charges, you may be eligible for a pre-trial diversion program where your charges are dropped if the program is completed successfully. If no deal can be reached to your satisfaction for your charges to be downgraded or dismissed, our skilled trial Los Angeles assault defense attorneys are ready to fight for you.
If You Are Facing Battery Charges, Call An Experienced Los Angeles Assault Defense Attorney Today
Assault and battery charges in Los Angeles are very serious, and can result in severe penalties like time in jail and a potential criminal record that can haunt your future if you are convicted. To give yourself the best chance of getting the charges downgraded or dismissed, reach out to a knowledgeable Los Angeles assault + battery attorney like Eric Davis, Attorney at Law as soon as possible. Call our Los Angeles criminal defense lawyers at our offices today at (626) 628-9596 for a free consultation.