Los Angeles Assault and Battery Lawyer
Physical confrontations can lead to serious criminal charges for violent crimes. If a mistake or misunderstanding led to handcuffs, you should contact a Los Angeles aggravated assault attorney as soon as possible. The best thing you can do is face these accusations head on and build the strongest defense possible.
A knowledgeable and experienced Los Angeles assault lawyer from Spolin Law P.C. will protect your rights, explain your legal options, and fight for you to obtain the best possible outcome in your case. Call us today at (310) 424-5816 to find out how we can help you.
Cal. Penal Code §240 – Representation from a Los Angeles Assault Attorney
Every state’s definitions of assault and battery vary slightly. In California, you may be charged with assault if there is any unlawful attempt, combined with the present ability, to commit a violent injury to another person.
Based on this definition, assault is not the specific violent act that causes an injury to the victim. Instead, it is an attempt. You may be charged with assault when you try to hurt someone. However, this definition includes a limitation. Your attempt at violence must include your apparent ability to actually inflict the injury. Therefore, if you are accused of trying to hurt someone, but there was no way you really could at the time, you may not be guilty of assault.
If convicted of simple assault, you can be punished with up to six months in jail and a fine up to $1,000. However, assaults against certain types of professionals, like police officers, or in certain places, like school grounds, can lead to harsher punishments. For more information on assault charges and the potential statutory punishments, call a Los Angeles assault attorney at Spolin Law P.C. today.
Cal. Penal Code §245 – Representation from a Los Angeles Aggravated Assault Attorney
California also defines an assault offense that is commonly known as aggravated assault and leads to a much harsher sentence. You can be charged with aggravated assault if you commit an assault upon a person with:
- A deadly weapon or instrument, other than a gun
- A firearm
- Any means of force that is likely to cause great bodily injury, which is a significant and substantial physical injury
This is a wobbler offense, which can be charged as either a misdemeanor or felony. As a misdemeanor, you can be punished with up to one year in jail and a fine up to $10,000. For a felony, you may be imprisoned for up to four years and fined.
There are also instances of aggravated assault that are automatically felonies. For example, an assault committed with a semiautomatic gun could lead to nine years in prison. An assault with a deadly weapon, other than a gun, which is likely to cause great bodily injury to an officer or firefighter can be punished with up to five years in prison.
If you are facing aggravated assault charges, contact an Los Angeles aggravated assault lawyer as soon as possible. An experienced attorney will fight to have your charges reduced or dismissed entirely.
Cal. Penal Code §242 – Representation from a Los Angeles Battery Attorney
While an assault is an attempt at violence, battery is actual forceful, violent, or offensive contact. Under California law, a battery is any willful and unlawful use of force or violence upon another person.
To be charged with battery, there does not necessary have to be evidence that your body physically came into contact with the body of another individual, though this is common. If you were allegedly in a fist fight, you would have made contact with another person. However, for battery, you only need to exert a force upon another person, which could occur through throwing an object at another person or exerting a force against something they are holding or wearing.
Generally, a battery is punishable by up to six months in jail and a fine up to $2,000. However, like with assault, there are various factors that can lead to harsher penalties. There are also times when a battery can arise to the level of a felony and may be punished with multiple years in prison. You should speak with a Los Angeles battery attorney as soon as possible to discuss your rights and options.
Cal. Penal Code §243(d) – Representation from a Los Angeles Aggravated Battery
You may be charged with aggravated battery when you commit an act of force or violence against another person that results in serious bodily injury. The law defines “serious bodily injury” as a serious impairment of the physical condition, which is less than a great bodily injury, and includes but is not limited to:
- Loss of consciousness
- A concussion
- One or more broken bones
- Any protracted loss or impairment of the function of any organ
- A wound requiring extensive stitches
- Any serious disfigurement
If you are convicted of aggravated battery, you can be charged with a misdemeanor or a felony. A misdemeanor may be punished with up to one year in jail and a fine up to $1,000. A felony is punishable with up to four years in prison, though you may be able to serve your sentence in a local facility, and a fine up to $10,000. Call a Los Angeles aggravated battery attorney to talk about the potential to have your charges reduced from a felony to a misdemeanor, or from aggravated battery to battery and your best options to defend yourself.
Defending Against Assault and Battery
If you have been accused of committing an assault and/or battery, you need to speak with a local Los Angeles criminal defense lawyer near you as soon as possible. The charge and penalties you face depend on the specifics of your situation, and prosecutors may be over-zealous in charging you with a felony. At Spolin Law P.C., our Los Angeles assault and battery attorneys will fight to have your charges reduced to the lowest possible offense or dismissed entirely.
Once we know the final charges against you, we will discuss your defense options. There may be one or more strong defenses applicable to your case, including:
- You acted in self-defense
- You acted in defense of others
- You had consent to act as you did
- You did not have apparent ability to harm during an assault
- Your actions were not likely to cause great bodily injury during an alleged aggravated assault
- The alleged force or violent act during a battery was an accident
- The injury resulting from a battery does not meet the definition of “serious”
- You did not have the necessary intent to commit the offense
- The prosecution lacks sufficient evidence
Some defense strategies may not be appropriate for your case while others will greatly increase the likelihood of an acquittal at a trial. The only way you will learn which defenses are best for you is by speaking with a trusted and proven Los Angeles violent crimes attorney at Spolin Law P.C..
Contact a Los Angeles Assault and Battery Lawyer Today
Being charged with a crime is an inherently intimidating and frightening experience. It can feel like you have no control over the situation. However, there is a lot you can do to help yourself.
You can contact an Los Angeles assault and battery lawyer from Spolin Law P.C.. Meet with your criminal defense attorney and be entirely honest about the situation. Once we have all of the facts, we will thoroughly review the evidence in your case, seek out evidence on your behalf, and build you the strongest defense available. We will also discuss with you various ways to minimize the penalties, such as negotiating a plea bargain or your voluntarily seeking treatment for substance abuse or anger management.
To learn more about the criminal charges against you and what you can do to defend yourself, call us at (310) 424-5816 to schedule a free initial consultation.