Chico Assault & Battery Defense Attorney

Call (530) 212-7766 for Trusted Legal Counsel in Butte, Colusa, & Yuba Counties

In California, assault and battery are separate crimes that are frequently charged together. This is because an assault is an attempt to cause physical harm to another person, while a battery is the actual act of causing physical harm.

Both of these crimes are considered violent and are aggressively prosecuted. If you are facing charges for assault and battery, it is essential that you understand the potential consequences and penalties. You also need to know how to protect your rights and your future.

A conviction for assault and/or battery can result in severe consequences, including jail time, fines, and a criminal record. Get in touch with our Chico assault attorney. Contact us online to call (530) 212-7766.

How Are Assault & Battery Defined in California?

In California, assault and battery are defined as follows:

• Assault: An assault is an attempt to cause physical harm to another person. This is an attempted battery. In other words, an assault occurs when someone tries to commit a battery but fails to do so. The alleged victim does not need to suffer any physical injury for the defendant to be charged with assault. They only need to have a reasonable belief that they were about to be harmed.
• Battery: A battery is the actual act of causing physical harm to another person. The defendant can be charged with a battery if they intentionally touched another person in a harmful or offensive way. The contact must be intentional, but the alleged victim does not need to have suffered any actual injury. Even a slight touch can be considered a battery if the contact was offensive or harmful.

It is important to note that, in California, the act of spitting on someone is considered a battery, as is the act of throwing an object at someone, even if the object does not make contact.

What Are the Penalties for Assault & Battery?

Both assault and battery are punishable under California law, but the specific penalties you may face will depend on the circumstances of the crime(s) you are accused of committing.

For example, if you are convicted of simple assault, you can face up to 6 months in county jail and a fine of up to $1,000. If you are convicted of simple battery, you can face up to 6 months in county jail and a fine of up to $2,000.

However, if you are convicted of more serious assault or battery, the penalties are much more severe. Aggravated assault and battery involve the use of a deadly weapon and/or the intent to commit a serious crime, such as rape. These crimes are considered felonies and are punishable by time in county jail, state prison, and fines of up to $10,000.

Defending Against Assault & Battery Charges

If you are facing charges for assault and/or battery, you need to know how to defend yourself. While every case is different, there are several common defenses that can be used to fight these charges.

Some of the most effective defenses for assault and battery charges include:

• Self-Defense: If you can prove that you used reasonable force to protect yourself or someone else from immediate harm, you may be able to use the self-defense argument to fight your charges. This is a very common defense in assault and battery cases.
• Mistaken Identity: Assault and battery cases often involve heated situations, such as bar fights. As a result, the alleged victim may not have had a clear view of the incident or the person who committed the crime. This can give rise to the defense of mistaken identity.
• False Accusations: Unfortunately, people are sometimes falsely accused of assault and battery. This could be due to a misunderstanding or a case of mistaken identity, or it could be because the alleged victim has a personal vendetta against the defendant. In any case, a false accusation defense can be used to fight the charges.

Get Aggressive Legal Representation Today

At the law offices of Robert L. Marshall, our assault and battery defense lawyer in Chico has extensive experience representing clients charged with violent crimes. We know the potential penalties and consequences and are prepared to help you fight for the best possible outcome.

Our firm is available to take your call 24/7, providing the accessible and responsive counsel you need when you need it most. We have successfully handled thousands of cases and have a reputation for being aggressive advocates for our clients.

Call (530) 212-7766 or contact us online today to schedule a free, confidential consultation with our assault and battery defense attorney in Chico.