Assault & Battery in Sacramento County
Sacramento Lawyers for Assault & Battery Charges in CA
If you are facing assault or battery charges it is essential to obtain representation from a skilled Sacramento County attorney immediately. At The Chastaine Law Office, our legal team has more than 30 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.
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.
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 have 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 can punish 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.
Defense for Your Assault & Battery Charges in Sacramento County
At The Chastaine Law Office, 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.
Call us today (916) 932-7150 for a free initial consultation.