Experienced Defense From A Battery And Assault Lawyer In Manhattan Beach
Facing criminal charges for battery or assault is a terrifying experience that threatens your freedom. You likely feel overwhelmed by the legal system and worried about the impact a conviction will have on your future.
At Haven Law, I will serve as your battery and assault lawyer. I will provide the aggressive defense strategies you need, examining every detail of your case to build a defense that protects your future in Manhattan Beach.
Understanding Battery And Assault Charges In Los Angeles
Assault is the use of force or the threat of violence against someone. You do not need to make physical contact to face an assault charge. If there is intent and you have the immediate capacity to cause harm, these elements can be enough.
Meanwhile, battery requires actual physical contact or the willful use of force against another person. You can face this charge even if that force is minimal.
The severity of these charges changes drastically if a weapon is involved. Simple assault or battery usually involves minor physical altercations or threats. However, assault with a deadly weapon could turn a misdemeanor into a strict felony with much harsher statutory penalties.
Assault Charges And Their Consequences
The severity of the punishment depends entirely on the specific circumstances of the incident. For example:
- Trying to hit someone: Swinging a fist at someone during an argument and missing could lead to an assault charge. Even though no one was hurt, this is a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000.
- Hitting someone in a fight: If your fist connects, the charge escalates to battery. This is a misdemeanor that carries a potential sentence of six months in county jail and fines up to $2,000. If the victim suffers a serious injury, you can face a felony charge.
- Hurting someone with a bat: You can face a felony charge for hurting someone with a weapon. A felony conviction here can result in up to four years in state prison and a $10,000 fine.
A conviction can also trigger long-term collateral consequences that ruin your livelihood. You may face permanent criminal records that show up on employer background checks, the loss of professional licenses and protective orders that force you out of your home.
Criminal Battery Defense From Haven Law
I have spent three decades defending clients against serious allegations. My extensive history allows me to spot weaknesses in the prosecution’s case that other lawyers might miss.
With me as your battery and assault lawyer, I will help prove self-defense, defense of others or lack of intent to mitigate the situation. If the prosecution lacks sufficient evidence, I will try to dismiss the case entirely.
Frequently Asked Questions About Battery And Assault
After an arrest for assault and battery charges, you may worry about how to defend yourself. If you hope to avoid a conviction, you need to understand how to handle the allegations against you. I can answer your questions, including the common inquiries below.
Should I talk to the police or the alleged victim if I’m accused?
No, you generally should not discuss the pending charges with anyone other than your defense attorney. Anything that you say to other people can end up used against you during a criminal trial. Your attempts to explain the situation to police officers may only give them more evidence to use against you.
If you try to talk to the alleged victim, that could look like witness tampering, harassment or stalking. Additionally, the alleged victim could work with police officers by recording phone calls to use as evidence.
The only person you should discuss the case with is the lawyer representing you. I can help you understand the charges and review the evidence that the state has collected.
What if the alleged victim wants to “drop the charges?” Will the case be dismissed?
No, the alleged victim does not have the authority to drop charges. Only the district attorney or prosecutor can choose to dismiss pending assault and battery charges. Even in scenarios where the other person does not want to see you face criminal prosecution, they have minimal influence on how the state handles the situation once law enforcement becomes involved.
Can mutual combat be a defense to assault charges in California?
Yes, mutual combat arrangements can influence an assault defense strategy in California. If you and the other party agreed to fight and there is no actual victim in the encounter, you could respond to the charges with a claim of mutual combat. Doing so likely prevents you from later claiming that you acted in self-defense unless you attempted to withdraw from the fight and the other party pursued you.
That being said, physical fights, even with an agreement between the parties, are illegal. Regardless of who sustained worse injuries or who started the fight, both parties involved could be at risk of prosecution. Claims of mutual combat can potentially help you reduce the charges you face, but the state may not dismiss the charges simply because you and the other party agreed to fight.
Call My Law Firm Today For Comprehensive Defense
A conviction for assault or battery in Manhattan Beach can permanently damage your reputation and steal your freedom. Contact 213-477-2137 or complete this online form for a confidential consultation to protect your rights and your future.
