Assault and battery charges are some of the most difficult cases to handle. These two often come together, but important distinctions must be made to minimize errors. An offender who intentionally threatens manipulates, or intimidates an alleged victim and then actually commits an act that leads to serious bodily injury can be charged with assault and battery. If you are facing any of these charges, consult with trusted Gold River criminal defense lawyers that will look into your case.
What this article will focus on are:
- Clarification of terms in a criminal case
- Assault laws and varying degrees
- Possible defenses for assault cases
- The need for a reliable local attorney
Clarification of Terms in a Criminal Case
Assaults refer to an unlawful act that causes another to fear harm, even if there was no physical contact or actual touching, wounding, or punching committed against another. This essentially means that you can be charged with assault even if the other party involved was not physically harmed. Under the Penal Code of California, an individual who threatens to cause serious physical injury to another may eventually have to deal with assault charges.
Actual bodily injury and human life endangerment are generally referred to as battery, which is already a separate but related charge that you may have to deal with. Depending on the severity, an assailant may face assault and battery charges of varying degrees, especially if the offense was committed against a police officer or other law enforcement officer. Similarly, assaulting a medical professional, a firefighter, or a school employee may come with more serious consequences for offenders.
Assault Laws and Varying Degrees
A crime of assault and battery may be classified as a misdemeanor or a felony. An offender who has been charged with assault and battery may face different consequences, depending on the specifics of their case. A simple assault charge or a simple battery case may be aggravated into varying degree levels. Generally, criminal charges may be considered as first degree, second degree, or third degree. The actual conviction and penalties will depend on the actions of the perpetrator, such as physically assaulting another with or without the use of deadly weapons and firearms.
Additionally, the prosecutor may elevate initial charges if there is a specific circumstance in the case. A common example is the use of a dangerous weapon to commit serious bodily harm. A supposed assailant may likewise face aggravated assault charges if he or she purposely commits violent crimes which are considered felonious. These may include sexual assault and/or sexual battery, rape, or murder. As such, to avoid convictions, imprisonment, or other unwanted consequences brought about by false allegations, seek help from an experienced Gold River criminal defense attorney.
Possible Defenses for Assault Cases
To reduce punishment, some individuals consider a plea bargain. However, this may not always be the best option. As such, it is important to consult with experienced Sacramento criminal defense lawyers who will look into the crimes you have been charged with.
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 a supposed perpetrator may look into:
- 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
Defense attorneys shall ensure that the strategies are applicable for your assault case and will support your arguments and testimonies in court.
The Need for a Reliable Local Attorney
While threats of and causing bodily harm constitute an assault and battery charge, an alleged victim must first prove that his or her injuries are indeed related to the criminal offense. A lot of documentation, such as medical results and testimonies, is needed to prove that the victim was indeed assaulted by the accused. If there is little to no evidence or witnesses, the victim’s testimony and records will likely not be sufficient. This is especially true if the serious physical injury or impairment is not usually associated with the violent crime in question.
To avoid any issues or problems, it is advisable to consult right away with a criminal defense lawyer. Contact us at Chastaine Law Office for a free consultation with a Gold River criminal defense attorney who will work closely with your case, defend you in court, and help you protect your rights.