Top-Rated DUI & Criminal Defense Firm Protecting the Rights of Sacramento Area's Criminally Accused

Drug Crimes

There have been many recent changes in the law regarding drug offenses. Depending on the type and quantity of drugs at issue, these cases can be prosecuted in either state or federal courts, with dramatically different outcomes.

In today’s climate, it is important to have an attorney who can handle both state and federal cases. Most attorneys only do one or the other.

Drugs offenses fall into three categories:

  • Manufacture or distribution
  • Sales
  • Personal use

Manufacture or distribution normally involves large quantities of drugs or marijuana. These cases tend to be prosecuted in federal court with very high penalties. These cases usually involve extensive investigation, phone taps, and search warrants. In short, these matters are often very complex. Navigating through the Federal Court system is challenging and requires experience and skill.

Sales. Depending on the amounts, this category of cases can be prosecuted by either the Feds or in state court. These cases often involve hand to hand sales and search warrants. These types of offenses can lead to prison sentences.

Personal Use. In California, the emphasis is on treatment. Deferred Entry of Judgement, Proposition 36 Court or Drug Treatment Court may be options in these types of cases. Working with someone who understands treatment is important in obtaining a good outcome.

Because of recent changes in the law, drug cases that were previously resolved as felonies may be reduced to misdemeanors. This can make a huge difference in your future. Let us navigate you through this system to have the best possible outcome.

Assault & Battery in Sacramento County

Trial-tested Criminal Defense Lawyers

If you are facing assault or battery charges it is essential to obtain representation from a skilled Sacramento County criminal defense attorney immediately. At The Chastaine Law Office, our legal team has over 30 years of criminal defense experience. Our criminal defense lawyers 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

Put 30 years of criminal defense experience in your corner. Schedule a free consultation today!

Assault & Battery in California

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
  • Probation
  • 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:

  • Self-defense
  • 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 criminal defense attorney may be able to help you formulate one or more legal defenses to your assault and battery charges.

Let Our Skilled Criminal Defense Lawyers Help You

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) 943-4487 for a free initial consultation.

Contact The Chastaine Law Office

Proven DUI & Criminal Defense Team Ready to Fight for You
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