Los Angeles Assault and Battery Attorney
Assault Legal Information
Assault (Penal Code § 240) is a misdemeanor offense. Generally speaking, to be convicted of assault, the prosecution must prove beyond a reasonable doubt that (1) you intentionally did something that would likely cause physical force to impact someone else; (2) that you were aware of this likely consequence; and (3) you had the ability at the time to impact that person with physical force.
It is important to keep in mind that for an assault conviction, it is not necessary that you actually hit someone else, or even made physical contact with them, and it is not necessary that the other person suffered any injury. An example would be throwing an object at someone: you committed an act with a likely consequence of impacting someone with physical force, you were aware of this likely consequence, and you had the actual ability to hit them (i.e., you weren’t throwing an object at them from 5,000 miles away). If they duck, so that you don’t hit them, it is still an assault. It would not, however, be a battery.
Battery Legal Information
Battery (Penal Code § 242) is also a misdemeanor offense. To be convicted of battery, the prosecution must prove that (1) you applied force or used violence against someone else and (2) that you did so intentionally. Using the above example, if you threw an object at someone and the object did hit that person, you could be convicted of battery.
In addition to these basic charges, there are more specific versions of assault and battery. These include, but are not limited to, assault with a deadly weapon or with force likely to produce great bodily injury (Penal Code § 245(a)(1) and (2)), assault with a machine gun or assault weapon (Penal Code § 245(a)(3) and (b)), assault with a stun gun or less lethal weapon (Penal Code § 244.5(b)), battery with serious bodily injury (Penal Code § 243), battery against spouse, etc. (Penal Code § 243(e)(1), or sexual battery (Penal Code § 243.4).
Contact a Assault and Battery Lawyer in Los Angeles
An assault and battery charge can result in harsh legal consequences, which include jail time, large fines, and a permanent criminal record. You will need a skilled criminal defense attorney at Eisner Gorin LLP to fight your charges and get the best possible outcome. Our law firm has decades of experience defending clients against assault and battery charges.
Our law firm focuses exclusively on criminal defense and we have decades of combined experience. We have developed effective defense strategies and know what it takes obtain a positive outcome. We will thoroughly investigate and review all the evidence and facts related to your assault and battery case.
You need to consult with us before speaking to the police. We offer a free case evaluation to discuss the details of you case and to learn how we can defend you.