Assault & Battery Defense Attorney, At Your Service
Our criminal defense attorneys have successfully represented clients facing assault & battery charges by getting charges reduced or dismissed. If you or someone you know is facing these serious charges, call us for a free consultation. We may be able to help you.
Though they are typically referred to as one offense, Assault and Battery are actually two separate crimes/offenses. Assault is defined as a threat to harm with the perceived ability to do so, no physical contact needs to be made for a person to be charged with assault.
Battery can charged as a misdemeanor or felony and is defined as applying force to another person, resulting in harmful or offensive contact. Aggravated battery is battery accompanied by circumstances that make it more severe.
Generally, assault occurs before battery since you can’t batter someone without assaulting them first. If a person is touched by the person alleged to have committed the assault, then a battery occurs. If a person is not actually touched, but only threatened, then the offense is considered to be an assault. In order to prove battery, the prosecution must prove three things occurred:
- The act was willful
- Force or violence was used
- The act occurred upon another person
Contact Our Assault & Battery Defense Lawyers
The physical and legal consequences of assault & battery can be very serious. An experienced criminal defense attorney can help you protect your reputation if you are facing assault & battery charges. Our attorneys know what it takes to deal with these charges. We will review all the evidence in your case and look for errors in the investigation or other avenues to help you avoid conviction on assault or battery charges.
Criminal Threats Allegations
Criminal threats (sometimes known as “terrorist threats”) is a very serious crimes. Penal Code Section 422 defines a criminal threat as any threat made with the specific intent of making another person fear death or great bodily injury and is a “strike” under the “Three Strikes” Law. If convicted, someone accused of making criminal threats could face the possibility of long term of incarceration in a state prison, heavy fines, restitution, parole or probation.
To prove that the defendant is guilty of this crime, the District Attorney must be able to prove that:
- The party charged willfully threatened to unlawfully kill or unlawfully cause harm which could result in great bodily injury of another person;
- The party made the statement. The statement does not need to be oral to be considered a violation of this charge;
- The party wanted that the statement be taken by another person as a threat, even if it is communicated through another person;
- The threatening statement was clear enough and immediate and specific that another person understood the serious nature of the threat and believed that it would be carried out;
- The statement caused another person to be scared for themselves or that harm could come to someone they care about including their friends or family; AND
- The other person’s fear was to be expected because of the way it was stated. A person completes the crime if they act willfully when they do it by their own volition and purposefully. In order to decide if the fear is reasonable and was made in a clear manner, the courts will look at the words spoken as well as the circumstances in which they were stated.
If you have been accused of an assault, battery or criminal/terrorist threat crime in Los Angeles, Riverside, San Bernardino, or Orange County, it is important that you seek the services of a criminal defense attorney with experience handling these types of cases. Contact our office to schedule your free consultation to discuss possible defenses and solutions that may be available to you.