Los Angeles Assault & Battery Attorneys
Although often confused to be the same, assault and battery are two separate crimes.
Assault vs. Battery
The California Penal Code Section 240 states: “an assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another”
The California Penal Code Section 242 states: “a battery is any willful and unlawful use of force or violence upon the person of another” with an aggravated battery being any battery that causes a serious bodily injury.
The difference between an assault and a battery is essentially that a battery requires physical contact between victim and perpetrator, while an assault may include an attempt to injure—however, a battery necessarily includes an assault.
An assault is often referred to as an attempted battery, while a battery is often referred to as a completed assault.
Assault Crime Penalties
The possible penalties for an assault include:
– Informal probation
– 6 months in county jail
– $1,000 Fine
– Community service
– Batterer’s program.
Battery Crime Penalties
The possible penalties for a battery include:
– 6 months in county jail
– Up to a $2,000 fine
– Community service
– Batterer’s program
The possible penalties for an aggravated battery that results in a misdemeanor charge may include:
– Informal probation
– One year county jail
– $2,000 fine
– Community service
– Batterer’s program
The possible penalties for an aggravated battery that results in a felony charge may include:
– 2-4 years in state prison
– $10,000 fine
– Possible “strike” on the defendants record
Assault Crime Defenses
Some possible defenses against an assault charge include:
– Defendant’s Inability to Carry Out an Assault
– Self-Defense
– Defense of Others
– Wrongfully Accused
Battery Crime Defenses
Some possible defenses against a battery charge include:
– Self-Defense
– Defense of Others
– Consent
– Accident
– The Parental Right to Discipline
Romero & Associates Los Angeles Criminal Defense Attorneys
Regardless of the crime, one of the most important actions to take following any arrest is to retain an attorney as soon as possible.
Jose Romero and the team of attorneys at Romero and Associates are aggressive criminal defense lawyers with experience in the Los Angeles legal community who have taken on cases involving crimes ranging from minor to major to even the high profile.
With an experienced team of attorneys on your side comes the possibility of not only lighter sentences, but also of beating cases entirely.
The Attorneys at Romero and Associates have been successful in getting more serious assault and battery charges reduced to simple misdemeanor charges.
Contact the Firm
If you or someone you know is facing criminal charges in Los Angeles, or the areas we serve in the state of California, Contact a Los Angeles Criminal Defense Attorney’s at Romero & Associates today for a consultation of your case!
