Protecting the Rights of Sacramento Area’s Criminally Accused In Assault & Battery Cases
If you are facing assault or battery charges it is essential to obtain representation from a skilled Sacramento County attorney immediately. At Chastaine Jones, our legal team has more than 50 years of experience in criminal law.
Our assault and battery lawyers in Sacramento, CA will be able to ensure that your rights are safeguarded throughout the entire process. An attorney will be able to analyze your case, develop a legal strategy and potentially help you obtain a charge reduction or a dismissal of all your charges.
Assault Lawyers in Gold River, California
Dealing with accusations of serious crimes can be stressful and intimidating, especially if you are facing criminal charges but are clueless of the criminal laws and procedures that govern it.
After being arrested, you will be booked by the police. They may also ask you to provide a handwriting sample or to participate in a line-up. It is highly recommended to consult with a hands-on criminal lawyer whether you should or shouldn’t take these steps.
Additionally, if you’re not booked but have been detained for a few hours or overnight, a seasoned defense attorney can ask a judge to issue a writ of habeas corpus or an order informing the police to bring you to court to determine whether you’re being held lawfully.
Look for a well-trained and knowledgeable attorney who will be able to analyze your case. Look for one who has the skills and experience to develop a good legal strategy, which could help you obtain a charge reduction or even a dismissal of your criminal charges. Contact our seasoned Gold River criminal defense lawyers by dialling 916-894-8431 today.
Facing Criminal Charges?
Our Sacramento County criminal defense attorneys are near you in Gold River, CA. We are ready to fight for you. Contact Chastaine Jones Criminal Defense Attorneys to schedule a consultation and begin your defense today. Call us today at 916-894-8431 or send us an email to schedule a consultation.
California Assault & Battery Laws
Physical violence against another person is taken very seriously in California. These types of allegations generally lead to assault charges and/or battery charges.
Assault is defined as using physical force, or threat of physical force, to harm someone. A person could be charged and convicted of assault even if he or she never touches the victim. Merely threatening to touch the victim may be sufficient to incur misdemeanor simple assault charges.
Battery is defined as an act of willfully touching someone in a harmful or offensive matter. A person may be charged with battery regardless of whether or not the victim was hurt or injured.
Criminal charges are not something that you should take lightly. At Chastaine Jones, our legal team has more than 30 years of experience in criminal law. Our assault and battery lawyers in Gold River, CA have extensive experience in criminal law and will do all that they can to protect your legal rights.
What Is Misdemeanor Assault?
In California, assault may be charged as either misdemeanor assault or felony assault – depending upon the seriousness of the offense. A person could be charged with misdemeanor simple assault, for example, if he or she merely threatens to hurt someone.
In cases of simple assault – the state must prove the following, that the defendant:
- Acted intentionally
- Knew his or her act could result in harm to someone, no matter how slight
- Was capable of harming someone using force.
Penalties for Simple Assault
If you’ve been convicted of simple assault you could face the following penalties:
- Up to 6 months in the county jail
- Fines of up to $1,000
- Mandatory community service
- Required participation in a batterer’s treatment program.
What Is Felony Assault?
Several types of assaults may constitute a felony assault, including the following:
- Aggravated assault
- Assault with a deadly weapon
- Assault with a firearm
You may be charged with deadly weapons or firearm assault charges if you use a weapon that can cause serious bodily injury, harm, or death to the victim, as part of the assault. This includes hitting someone with a weapon and firing a gun at someone.
It is also important to note that you may be charged with felony assault even if you possessed a firearm during an assault but never used the firearm or physically harmed anyone.
California law punishes felony assault charges very severely. A conviction for felony assault can lead to years of prison and hefty fines. These potential penalties are likely to increase significantly if the accused assaults a peace officer, fireman, EMT, paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member.
What Is Misdemeanor Battery?
Under California law, battery involves an act of willfully touching someone in a harmful or offensive manner. It is important to note that upon completion of the touching, the battery is complete. It is not necessary that a person is injured in order to be charged with a battery.
Battery, like assault, may be charged as either a felony or as a misdemeanor, depending upon the seriousness of the offense and the facts and circumstances of the case. Under California law, a simple battery is charged as a misdemeanor.
Penalties for Simple Battery
The penalties upon conviction for a simple battery include:
- Fines of up to $2,000
- Six-month sentence in the county jail and/or a probation term
These penalties increase significantly in cases of felony battery. Moreover, the state can increase the potential penalties if the battery victim is a police officer, a jury member or alternate, a school employee performing his or her job, or a public worker.
Defenses for Assault & Battery
A successful defense could result in a dismissal of criminal charges. Some of the most common defenses to assault and battery charges include the following:
- Defense of others
- Lack of specific intent to cause the injury or harm, i.e. accident
- Incapability of inflicting force or harm
- False accusations by others
An experienced Sacramento County attorney may be able to help you formulate one or more legal defenses to your assault and battery charges.
We Can, and Will, Help You with Your Criminal Case
Whether you are dealing with what seems to be a minor accusation or are facing a multitude of serious charges, it is essential to have an experienced local attorney to guide you through the legal minefield. Our criminal defense attorneys can help you with assault against a police officer, possession of narcotics with intent to sell, or other related charges.
When seeking out legal counsel, it is helpful to check their websites, look at client testimonials and reviews. With an expanded team of investigators and experts on hand, we can assure you the best possible defense available. We take the time to listen, analyze the issues, and explore all the legal options available. We are hardworking, passionate and have an intense desire to provide creative solutions for difficult legal problems.
If you’re currently facing criminal charges, it is essential to seek the advice of a competent and compassionate Gold River assault attorney right away. An experienced attorney will explain any complex procedures that you need to go through to win your case.
Working on Your Defense for Assault Charges
Your criminal defense attorney will discuss your case with you to gather enough information. Generally, you must be able to convince the jury and the prosecutors that you are innocent and did not commit violations of the law. The following are different defenses that may be available to you:
- The accused inflicted physical harm in self-defense
- The accused acted to defend a family member, a child, or another individual
- The accused acted to protect one’s belongings against robbery and burglary cases
- The accused did not have any intent to commit or even attempt to cause great bodily harm
In order to reduce punishment, some individuals consider a plea bargain. However, this may not always be the best option. It is important to consult with experienced assault lawyers in Gold River who will really look into the crimes you have been charged with.
Protect Your Rights and Contact a Trusted Criminal Law Firm
Being charged with a crime can be very stressful. It is never advisable to deal with a criminal case alone since essentially everything is at stake. As such, it is best to connect with experienced and responsive defense attorneys.
For you to be able to come up with the best possible legal defense, you need a local attorney who is dedicated and committed to winning your legal battle.
If you’ve been charged with drug crimes, domestic abuse, a white-collar crime, or sexual misconduct, our criminal defense lawyers at Chastaine Jones can help you protect your freedom, keep you from having a criminal record (expungement), and keep you out of jail. Contact us today for a confidential consultation and reliable legal counsel.
The Need for Seasoned Assault Lawyers Who Will Fight For You
If you were accused of a crime and questioned by the police, they must inform you of your legal rights. The evidence gathered from the interrogation cannot be used against you if you have not been informed of your constitutional rights to remain silent and to seek the legal help of a lawyer. You definitely should, and you need to look for defense lawyers specializing in criminal cases.
Many people think that by simply remaining silent, they are already using their right to remain silent. However, to properly invoke those rights, you must explicitly say to police officers that you want to invoke your rights against self-incrimination. Otherwise, they may continue interrogating you and use it against you in court.
An individual is arrested when they are placed under police custody and is not free to leave. While people who are arrested are usually taken to jail, an arrest begins earlier. While the police don’t necessarily have to read the Miranda Rights during an arrest, they must read it before interrogating a suspect. As such, many police departments read it during an arrest so they can start questioning right away.
Our criminal defense attorneys in Gold River, CA can help explain these things in more detail. We are ready to fight for you. Contact us at Chastaine Jones Criminal Defense Attorneys to schedule a consultation and begin your defense today.
Defense for Your Assault & Battery Charges in Sacramento County
At Chastaine Jones Criminal Defense Attorneys, we will explain the process for you, help safeguard your legal rights while your criminal case is pending, and develop legal defenses to your charges. Assault and battery charges are serious and can change the course of your future. If you are facing criminal charges in Folsom, Gold River, Rancho Cordova or the surrounding communities, we can help you.
Our experienced and competent Gold River criminal defense attorneys can defend you from the moment you’ve been arrested and charged with a criminal offense until the case is wrapped up successfully.
Our legal team has more than 30 years of experience in criminal law. Our assault and battery lawyers will be able to ensure that your rights are safeguarded throughout the entire process. Call us today at 916-894-8431 or send us an email to schedule a consultation.