Charged with Assault and Battery?

Call (877) 378-6147 for a Ventura Assault Attorney!

"Assault" is the attempted attack on another person, or the threat of physical attack, by a person who appears capable of committing bodily injury. The threat must cause the proposed recipient of the attack to feel uneasy, anxious or to fear immediate harm.

"Battery" is the illegal touching of or striking of another without their consent.

"Assault and battery" occurs when both offenses are committed together during one incident. Each of these offenses—especially assault and batter, since it is the combination of two offenses—carries heavy penalties in the event of a conviction.

Facing Assault or Battery Charges?
Don't face this alone—Contact us now for a free consultation and get the defense you deserve. Dial (877) 378-6147 today.

Understanding Assault Charges vs. Battery Charges

It is possible for assault to occur without a battery, for example, if a person throws a rock at another person, the act of throwing it is an assault. If the rock actually makes contact with that person, a battery has also occurred. If there is serious bodily injury as the result of the battery, such as a concussion, broken bones, unconsciousness, or a serious wound that requires stitches, the crime is charged as a felony. Both assault and battery are serious crimes. If convicted, you may be incarcerated for up to four years.

Types of Assault Charges

Assault charges can vary in severity depending on the circumstances of the incident. Here are the main types:

Simple Assault:
This is typically a less severe charge. Simple assault involves:

• Threatening someone with harm or attempting to cause harm without actually inflicting injury.
• Examples include pushing or threatening to strike someone.
• This charge is usually considered a misdemeanor.

Aggravated Assault:
This is a more serious charge, involving:

• The use of a weapon, such as a gun or knife, to threaten or attempt to harm someone.
• An intent to cause severe injury or harm, even if no injury occurs.
• Aggravated assault is considered a felony and carries much harsher penalties.

Penalties for Assault and Battery

If you're convicted of assault or battery, the penalties can vary significantly. The main factors influencing the punishment include whether it's a misdemeanor or felony.

Misdemeanor Assault/Battery:

• Typically results in shorter jail sentences (up to 1 year).
• May include fines and probation.
• Convictions can lead to a criminal record but usually don’t involve significant prison time.

Felony Assault/Battery:

• Can result in longer prison sentences (up to several years).
• Higher fines and longer periods of probation.
• Conviction could severely affect your future opportunities, including employment and housing.

Special Circumstances:

• If there are aggravating factors (e.g., use of a weapon or causing serious injury), the penalties can be more severe.
• Repeat offenders may face harsher sentences even for a misdemeanor.

Impact of Prior Convictions

If you have a criminal history, it can impact your assault or battery case in several ways:

Increased Sentencing:

• Prior convictions can lead to longer sentences for current charges.
• Judges may impose harsher penalties if you have a history of violent offenses.

Less Likely to Get a Plea Deal:

• If you have a history of assault or similar crimes, prosecutors might be less willing to offer a plea deal.
• This could result in a more difficult path toward reducing your charges.

Probation or Parole Violations:

• If you’re on probation or parole from a previous conviction, a new assault or battery charge can lead to a violation, which can extend your sentence.

Having an experienced criminal defense attorney can help address these factors and potentially reduce the penalties you face.

Defenses Against a Violent Crime Charge — Call (877) 378-6147

In my years of criminal defense experience representing clients accused of assault and battery, assault and battery cases often comes down to the plaintiff's word against that of the defendant.

There may be many defenses that I can use when presenting your case such as:

• Self defense
• You were provoked
• The altercation was mutual
• The contact was accidental

I will use my investigative skills to talk with witnesses, review police reports, and speak with the alleged victim and use that information to create a strong defense. If we need to go to trial, I will use my extensive jury trial experience to pursue the most positive outcome on your behalf. As a former Senior Deputy District Attorney for many years, and as a Ventura criminal defense attorney, I understand the how the prosecution builds their case, and know what questions to ask that will work to your advantage when presenting your assault and battery or domestic violence defense case.

Frequently Asked Questions (FAQ)

• 1. What is the difference between assault and battery?
  Assault is the act of threatening or attempting to cause harm to another person, creating a fear of imminent injury. It doesn't require physical contact.
  Battery involves actual physical contact or harm, like hitting or striking someone without their consent.
• Can an assault charge be dropped?
  Yes, an assault charge can potentially be dropped if there is insufficient evidence, if the victim recants their story, or if there are issues with how the evidence was gathered. However, it depends on the specifics of the case and the discretion of the prosecution.
• What happens if I'm convicted of assault and battery?
  The consequences can range from fines and probation to prison time, depending on whether the charge is a misdemeanor or felony. Factors like whether a weapon was used or if the victim sustained serious injuries can increase the severity of the penalties.
• Can I get a plea deal for an assault or battery charge?
  Yes, in some cases, you may be able to negotiate a plea deal with the prosecution. A plea deal might reduce the charges or penalties in exchange for a guilty plea. An experienced attorney can help you navigate this process.
• What is "self-defense" in an assault or battery case?
  Self-defense is a legal justification for using force when you believe you're in imminent danger of harm. If you can prove that you acted in self-defense, the charges against you may be dropped or reduced. However, you must show that your response was reasonable and proportional to the threat.
• Can I be charged with both assault and battery for the same incident?
  Yes, it's possible to be charged with both assault and battery if the same incident involves both a threat of harm and actual physical contact. The two charges can be prosecuted together.
• What role does witness testimony play in assault and battery cases?
  Witness testimony can be crucial in assault and battery cases. Eyewitnesses can provide valuable details about what occurred, helping to support one party’s version of events. A defense attorney may also use witness testimony to challenge the prosecution's case.

Accused of Assault or Battery?
Protect your rights and future. Reach out to us now at (877) 378-6147 for experienced legal representation.