Law Offices of David M. Wallin Articles Defense Against Assault and Battery Charges

Defense Against Assault and Battery Charges

By David M. Wallin   Nov. 19, 2010 3:45p

In personal injury law, assault and battery are two separate criminal charges. Assault is the threat or "attempt" at violence created by one person, directed towards another, whereas battery is the actual physical contact or striking another person in a harmful manner. The laws treat threats of physical harm or injury as "assault," and when the act is carried through, and offensive touching occurs, it is referred to as "battery."

In personal injury law, assault and battery are "intentional torts," this means assault and battery injuries are intentionally and purposefully inflicted by one person to another. More serious assault and battery takes place when one person tries to cause severe physical injury to another and when injury is caused by the use of a deadly weapon. These aggravated assaults are known as, "aggravated assault/battery."

Penalties for Assault and Battery Convictions

Assault and battery can be charged as either a misdemeanor or a felony in the state of California. Penalties for misdemeanor assault or battery could entail up to six months in county jail and/or a fine up to $1000. Felony assault and battery convictions are more serious and involve a state prison sentence. In addition to years in prison, there are sentence enhancements that can apply under certain circumstances which add additional penalties including:

  • Assault with a firearm: 2 to 4 additional years in state prison and/or a fine up to $10,000
  • Assault/battery causing great bodily injury: up to 4 years in state prison
  • Assault with a semiautomatic weapon: up to 12 years in state prison

If you or someone you care about has been arrested for assault and battery, a Lancaster assault and battery attorney at the Law Offices of David M. Wallin can help. We are well versed in the laws pertaining to assault and battery and we will investigate every aspect of your case. We will look for the possibility of mistaken identity, if there is a lack of physical evidence and if law enforcement acquired evidence through illegal search and seizure which violated your rights.

Contact a Lancaster Assault and Battery Lawyer at our firm today for a free consultation.

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