Assault is defined as inflicting emotional and physical trauma or dealing harmful or offensive contact with the victim. This is a grave crime with extreme consequences. If you're trying to find a light in this situation, our Los Angeles assault lawyer can help. Schedule your initial consultation today and take the first step to win your case.
Assault is one of the dreaded crimes in California. Defendants who plead guilty to this crime face extensive years of imprisonment and thousands in penalty fines.
Unfortunately, there are cases when the defendant was misidentified and was put to jail for a crime they did not commit. If you or someone you know is suffering the same fate, speaking with experienced attorneys is the best way.
A knowledgeable assault and battery lawyer can help uncover the truth in these matters and fight for your rights. At Olen Firm Criminal Defense Lawyers, our dedicated legal team will help you devise the best legal strategy and give you your freedom.
Assault and battery charges often go hand-in-hand; in some cases, it can be challenging to differentiate the two. To understand how these two criminal charges differ, you must understand their legal clause.
California Penal Code section 240 defines assault as an unlawful attempt or intention to inflict violent physical injuries on the victim. Assault can be classified as simple assault or felony assault, depending on the facts of the crime.
Before the court charges you with assault, the police officers must prove several elements that legally define the crime of "assault," and these are the following:
Under California law, a simple assault is a misdemeanor offense. The penalties for a misdemeanor assault include the following:
A felony assault is an assault charge with other charges. A famous example of this is a battery assault case. Other known examples include assault with a deadly weapon, caustic chemicals, on a public official, etc.
The penalties for a felony assault vary depending on the crime committed with it. However, almost every felony cases entail years-long state imprisonment, over $5,000 penalty fines, and other additional penalties depending on the nature of the case.
California Penal Code section 242 sets the definition for battery cases. According to this, battery offense is defined as any intentional act to cause harm against the victim.
Simply put, assault is the intention to cause harm, while battery is actually causing damage. If swinging your arm to punch is assault, then hitting the victim in the face is battery.
Generally, battery is a misdemeanor offense, but if it causes a severe injury, your case will escalate to a felony. As a misdemeanor, battery is punishable by a maximum of six months in Los Angeles county jail and summary probation. The penalty fine for battery is higher than regular misdemeanors at $2,000 maximum.
Felony battery is punishable with one to three years imprisonment in California state prison, more than $5,000 in penalty fines, and formal probation.
Depending on the facts surrounding your case, the alleged victim might try to file your lawsuit in civil court and criminal court. It is also possible for you to face civil and criminal cases simultaneously.
In most cases, the alleged victim will file a civil suit to recover financial compensation from you, and they might also file a criminal lawsuit to put you in jail.
However, assault and battery cases are often only handled in criminal courts unless the victim can prove that your actions have caused them significant financial damages. If this is your case, you could face both criminal and civil charges for your case.
Assault cases are nothing new to us. Our legal team has over ten years of experience handling assault cases in Los Angeles. We have the know-how and resources to help you with your case and achieve the best possible outcome.
Because assault cases are generally well-defined, the prosecution has the burden to prove every aspect of the crime "beyond a reasonable doubt." This is a very high legal standard that takes work to achieve.
In other words, there might be some room for reasonable doubt in your case. This is where we can help you. Our team will investigate and find any possible loophole that we can use to create reasonable doubt in your case.
Here are some proven legal defenses used to dismiss assault cases:
Self-defense is undeniably the first one that might come to you when you are charged with assault. This legitimate legal defense can be used when you reasonably believe the other person might use unlawful force against you.
To use self-defense as a legal defense, you must have reasonably believed that you or someone else was in grave danger of great bodily harm or death. You must also reasonably believe that using force was the only way to prevent the threat.
The force you used must also be reasonably proportional to the threat you were facing. In other words, if the other person only threatened to punch you and you responded by shooting them, then self-defense might not work as your legal defense.
One of the critical elements in every criminal defense case is the presence of criminal intent. Without the required intent, the charges against you might be dropped.
In assault cases, the prosecution must prove that you had the intention to commit a violent act against the victim. If they can't prove this beyond a reasonable doubt, then your case might be dismissed.
For example, if you were only playing around and accidentally hitting someone, you cannot be charged with assault.
Sometimes your assault cause could only be a case of misidentification, and this is not uncommon in assault cases where the victim only gets a glimpse of the attacker. If this is your case, our team will work hard to find any possible witness or CCTV footage to help prove your innocence.
We can also speak with the victim and try to establish a reasonable doubt in their identification. If we can prove that the victim is not 100% sure that you are the attacker, then your charges might be dropped.
Legal representation matters most when you are facing assault and battery charges. These cases are often complex and require the expertise of an experienced criminal defense lawyer.
This is where we can help you.
Our team has over a decade of legal expertise handling assault cases in Los Angeles. We know the ins and outs of the legal system, and we can help you attain the best possible outcome for your circumstances.
Here's what you can expect when you work with an experienced criminal defense attorney in our law office:
Every great case starts with uncovering the facts and looking deeply into the evidence. Our team will investigate your case thoroughly and find any possible loophole that we can use to help you win your case.
Our team employs a series of sophisticated investigation techniques that have helped us win many cases in the past. We will leave no stone unchecked in our quest to help you achieve the best possible outcome.
If there's one wisdom you must take away when dealing with criminal defense cases; it's that your case is only as strong as the evidence you possess.
This is why our team will work tirelessly to recover any possible evidence or witness statement that we can use to help your case. We have a network of experts and professionals that we can tap into to help us with this task.
Once we have gathered all the facts and evidence, our team will start working on building a solid legal defense for your case.
This is where our experience and expertise in the field of criminal defense will come into play. We know the law inside out and will use this knowledge to help you achieve the best possible outcome.
You can rest assured that you are in our expert and capable hands when you work with our team. We will do everything to the best of our efforts and knowledge to help you win your case.
Facing assault charges is a daunting experience. But with the help of a reliable criminal defense attorney, you can achieve the best possible scenario for your situation.
When you submit your case to our team, we will oversee all the court appearances and legal paperwork. This way, you can focus on your life while we handle the legal groundwork. Some law firms might send you to court without any preparation, but we will ensure that we are there with you every step.
We will represent you in court and ensure your rights are protected. We will also negotiate with the prosecution on your behalf and try to get the charges against you reduced.
No matter what the outcome of your case is, you can rest assured that we will be there with you throughout the criminal defense process.
Dealing with assault charges is never easy, and one misstep could result in a jail sentence. This is why you need the legal guidance of an experienced criminal defense lawyer.
Our team has more than a decade of experience handling assault cases in Los Angeles. We know the ways and trends of the legal system, and we can help you achieve the best possible result for your situation.
We have protected many assault defendants like you in the past, and we can do the same for you. Schedule a free consultation with our assault defense team today, and let us help you bring success to your case.
Contact the Olen Firm today
213-999-8380. Our experienced Criminal Defense Law Firm is available for a Free Confidential Consultation.