Top Domestic Defense Assault Lawyer In Arcadia

California Assault And Battery Lawyer

If you or a loved one must face assault or battery charges, we understand the physical, emotional, and financial toll this process takes. Our qualified Arcadia assault and battery lawyer seeks justice for our clients.  Contact us today for assistance navigating the legal system and getting you the justice you deserve.

What is Assault?

Assault is an intentional act of violence in which someone causes another person to have a reasonable fear of immediate harm or offensive contact. In simpler terms, assault occurs when someone causes another individual to believe they are about to be physically harmed.  It can be criminal or civil, or both.  Here we handle criminal defense.

Assault can take many forms, such as physical threats, menacing gestures, verbal threats, or any other behavior that would cause a reasonable person to fear for their safety. 

What Is The Difference Between Assault and Battery?

Assault and battery are two distinct legal concepts, though they’re often used interchangeably. Assault refers to the threat or attempt to harm someone, while battery refers to actual physical contact that results in harm. The critical distinction between them lies in whether physical contact was present between both parties.

Assault occurs when someone intentionally creates a reasonable expectation of immediate harm or offensive contact with another person. It does not need physical contact to take place; instead, the victim must feel that they are at risk. For instance, if someone threatens another with punches and that person believes they will receive one, it could constitute assault.

Battery, on the other hand, involves actual physical contact that results in harmful or offensive touching. It can range from simple touching to more severe harm, such as broken bones or other serious injuries; for instance, punching someone would be considered battery.

Common Defenses For Assault and Battery

When a person is accused of assault or battery, they may employ several defenses with the help of their assault charges attorney in Arcadia, including

 

  • Self-defense: The defendant may assert they acted in self-defense or defense of others. To successfully use this defense, they must demonstrate that they reasonably believed they were facing imminent bodily harm or death and used force as necessary to protect themselves or others from injury or death.
  • Consent: The defendant may claim that the alleged victim consented to physical contact, thus negating the element of force required for an assault or battery charge. However, it’s essential to note that consent must be freely given and informed. Any duress, coercion, or misrepresentation regarding the nature of the contact could invalidate consent.
  • Lack of Intent: In some cases, defendants may claim they had no intent to cause harm or that any damage caused was accidental. This defense is commonly employed when someone acts without thinking or out of anger or fear.
  • False Accusation: The defendant may assert that the alleged victim is making up allegations to cause them harm or discomfort. This defense could involve challenging the accuser’s credibility or providing evidence that refutes their assertions.
  • Alibi: The defendant can claim they weren’t present when an alleged assault or battery took place, providing a credible explanation that places them elsewhere. To successfully assert this defense, defendants must present evidence to prove their absence from the scene of the alleged offense.



What are the Penalties for Assault in California?

In California, the penalties for assault are based on the seriousness of the offense and whether the incident was classified as a misdemeanor or felonious. Assault is usually considered a misdemeanor with a maximum punishment of up to six months in prison and a fine of at least $1,000.  These charges are brought by the state. 

If the attack is directed at a specific person, for example, firefighters, police officers, and emergency medical tech, or if the attack involves deadly weapons, the crime could be considered a felony. The felony of assault can result in the possibility of a more severe penalty that can include up to 4 years in prison for state crimes. If you’ve been charged with assault and are looking for a competent assault attorney in Arcadia who understands the legal implications, contact Mohajer Law Firm today.  Call us today at (626) 569-5200 or fill out our contact form and have your case evaluated by our team of experts.

We Represent Our Clients in Every Legal Aspect of California Family Law

Mohajer Law Firm is a full-service law firm that provides legal services to clients in various areas of law. The firm has a team of experienced attorneys dedicated to delivering quality services to their clients. They are knowledgeable in various areas of law and are committed to helping clients resolve their legal issues effectively and efficiently.

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California Family Law Attorney

Mohajer Law Firm is a full-service law firm that provides legal services to clients in various areas of law. The firm has a team of experienced attorneys dedicated to delivering quality services to their clients. They are knowledgeable in various areas of law and are committed to helping clients resolve their legal issues effectively and efficiently.

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Frequently Asked Questions (FAQs)

What is the punishment for assault in California?

In California, assault is punishable by imprisonment in a county jail for up to six months or a fine to the state of up to $1,000 – or both – according to California Penal Code section 240.

What is the lowest charge of assault?

The lowest charge of assault is simple assault, which is defined as an intentional act that causes another person to fear imminent harmful or offensive contact and is classified as a misdemeanor.

What is assault and battery in California

In California, assault and battery are distinct offenses; assault involves the attempted infliction of violent injury upon another individual while battery refers to any willful and unlawful use of force or violence upon someone else. Both offenses can lead to criminal charges as well as potential civil liability.

Is assault a felony in California?

In California, assault can be charged as either a misdemeanor or felony depending on the circumstances and extent of any harm done.

Can you sue someone for assaulting?

Yes, in California a victim of assault can sue their perpetrator in civil court for damages caused by the assault, such as medical expenses, lost wages and pain and suffering.