At the Chambers Law Firm in Southern California, Dan Chambers and his staff often receive questions about assault and battery. Dan Chambers specializes in criminal defense for those who are being charged with assault, battery, or both crimes, so he’s the perfect person to ask all your legal questions.
Definitions of assault and battery
Assault and battery, though often tried together, are actually considered two separate crimes according to California law.
California Penal Code Section 240 defines battery this way:
“A battery is any willful and unlawful use of force or violence upon the person of another.”
California Penal Code Section 242 defines assault this way:
“An assault is any unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
So in essence, assault is the intention to harm, and battery is actually inflicting harm on another person. They’re often tried together because usually both charges apply. If the injuries to the victim were very minor, the prosecutor may decide to charge the defendant with only assault, not battery.
Potential punishments
Depending on the intent to harm and the severity of the injuries caused to another individual as well as the other circumstances of the case, various penalties may be imposed if the defendant is convicted.
Typically, assault and battery charges are misdemeanors. If convicted, penalties range from probation, community service, fines, and/or six months in county jail.
Felony assault and battery charges may result in punishments including several years in state prison. Examples of felony assault and battery charges include assaulting someone with a deadly weapon, aggravated assault or aggravated battery causing serious injury, assaulting a police officer or committing assault and/or battery in an incident involving domestic violence.
Effective assault and battery defense strategies
When Dan Chambers of the Chambers Law Firm represents you in an assault and/or battery case, you’ll be able to rest assured that he will provide the most persuasive defense possible. There are many effective defense strategies he could apply to your case, depending on the details of your case.
For instance, you could have been acting in self-defense. Perhaps you were attacked, or you were defending other people who had been attacked, which could be considered a sound justification for your actions.
Or maybe you didn’t intend to harm anyone, or perhaps you lacked the ability to actually cause harm to others, in which case the charges of assault and battery don’t apply to you.
Softening the charges against you
Perhaps the severity of the charges against you doesn’t make sense. For instance, your criminal defense attorney, Dan Chambers, could explain to the court how the injuries inflicted on the victim weren’t serious enough to merit a felony charge. Your attorney could convince the prosecutor or judge to downgrade your charge from a felony to a misdemeanor, potentially saving you from having to go to prison and/or having to pay stiff fines.
Assault and battery charges are always very serious
Any assault and battery charge is no joke, so it’s best to hire the best assault and battery defense lawyer you can find—Dan Chambers of the Chambers Law Firm. Call 714-760-4088, email dchambers@clfca.com, or send an online message by clicking “Contact” in the menu at the top of this page to make an appointment today. Your first consultation is free, and he’ll start building your specifically tailored legal strategy as soon as you make an appointment.
Time is of the essence when you’re dealing with an assault and battery charge—get the help you need now by calling 714-760-4088.
