Assault and battery are serious crimes in California and carry lengthy prison sentences. If you face charges for criminal threats and physical violence, it can be life-changing if you are found guilty. An experienced criminal defense lawyer with the Simmrin Law Group could help you.
Knowing your rights under the law and fighting for them is essential to getting the best outcome in your case. Our assault and battery attorneys in Carlsbad are ready to provide you with guidance through your case while fighting for you every step of the way.
What’s the Difference Between Assault and Battery in California?
Though defendants often face paired assault and battery charges, each is a separate crime with its own set of penalties. A conviction of either one can bring serious penalties, and many defendants are convicted for both. Find out what each means so that you’re in the best position to fight them with a Carlsbad assault and battery attorney or even get them dismissed.
California Penalties for Assault
California law defines assault as the combination of the attempt and ability to violently injure another person. Assault can occur even if the victim was not injured. All that matters for an assault charge is whether someone had the intent and capability of harming someone.
Penalties for simple assault in California can include a $1,000 fine and up to six months in jail. For those facing assault with a deadly weapon charges, you may face fines of up to $10,000, up to one year in jail, and four to five years in prison if convicted.
California Penalties for Battery
Under California state law, battery refers to the willful and unlawful exercise of violence on another person. This is a subtle yet important distinction from physical assault, as battery covers the actual violence that was allegedly used.
Penalties for battery, a misdemeanor in California, may include up to six months in prison and a fine of $2,000. Aggravated battery is a more serious sentence that is usually classified as a felony. It is levied when a victim suffers substantial harm and carries more severe penalties.
For a free legal consultation with a assault and battery lawyer serving Carlsbad, call (310) 928-9347
Assault and Battery With a Deadly Weapon
Any time a weapon is alleged to have been used in a case of assault or battery, it leads to more serious charges for the defendant. Nearly any object that can inflict bodily harm, from a rock to a gun, can be considered a deadly weapon. Unless a plaintiff was seriously harmed by them, hands and feet are not typically considered deadly weapons outside of extreme circumstances.
Carlsbad Assault and Battery Lawyer Near Me (310) 928-9347
What Are Potential Defenses Against Assault and Battery Charges?
Just because you have been charged with assault and battery does not mean you are guilty of them, even if you were involved in a physical altercation. Common defenses against assault and battery charges include the following:
- The allegations were fabricated
- You were not actually involved in the attack
- You acted in self-defense
If you’re facing these criminal charges, it’s easy to become frightened and assume the worst. An experienced assault and battery attorney in Carlsbad can help you review the facts around your case and explain your side of the story.
How Are Assault and Battery Charges Determined?
When determining the severity of assault and battery charges, a court will look at the specific circumstances of the case. Factors that can influence the severity of the charges include the victim’s status and if they’re a member of a protected category, the extent of their injuries, whether a weapon was used, along with a defendant’s past criminal history.
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Speak With a Carlsbad, CA, Assault and Battery Lawyer Today
Assault and battery charges can lead to a long prison sentence if you’re found to be guilty. Contact Simmrin Law Group today for a free consultation. An experienced assault and battery lawyer in Carlsbad could make all the difference to your case.