Being accused of assault and battery can be stressful and costly. If you are facing these accusations, the best thing you can do is remain silent in public and hire a violent crimes defense lawyer in California.
Although the media promotes the idea that only guilty people hire lawyers, the truth is anyone facing serious legal concerns should get representation as soon as possible to avoid making the situation worse.
What are Assault and Battery Charges?
Assault and battery charges are crimes of violence. While you hear the two crimes together most of the time, they are, in fact, two distinct crimes. It’s important to learn the difference, especially if you are facing charges.
Assault is any credible threat of violence, including anything from trying to hit someone to brandishing a gun. It doesn’t have to include actual physical violence but instead must put a person in fear.
Battery, on the other hand, happens when someone follows through on their threat. Even the lightest touch can count as a battery if it occurs in the context of an altercation. However, causing serious injury is treated more seriously and will result in harsher penalties.
An alleged offense may be treated either as a misdemeanor or a felony, depending on how serious it is. Either way, it requires attention from an experienced defense attorney.
What is Assault?
Assault is a form of violent threat used to cause reasonable fear and intimidation in another person, and the act may or may not come to pass. When it comes to the definition of assault, the essential aspect is the threat itself.
Assault requires that a person either made a credible threat or acted in an intentionally dangerous manner. The intent to threaten or cause harm is an essential part of how assault is defined—it isn’t possible to commit one by accident.
There are different forms of assault with varying severity, including assault with a deadly weapon, which may result in a fine of up to $10,000, up to four years in prison, or both.
Simple assault includes just the threat of violence, such as throwing an object at someone or trying to hit them and not succeeding. This type of assault doesn’t feature any actual battery.
What is Battery?
Battery includes any form of illegal physical contact. Unlike assault, this type of crime is committed when there is actual physical harm caused. Assault includes the threat, while battery includes the action and offensive contact.
This is generally considered an offense associated with the assault. It includes minor injuries like bruises and scratches rather than more serious injuries, which entail grievous bodily harm—this includes broken bones and lasting injuries to the body.
Simple battery includes straightforward cases where someone punches someone or uses a small object to hit an individual. Moreover, battery is distinct from battery domestic violence, which involves a family member or romantic partner.
Most battery cases are brought to court along with assault charges simply because the two are so closely related.
If someone is acting in self-defense, it does not count as a battery, and this is one of the common defenses used in court.
Potential Consequences for Assault and Battery Charges
Assault and battery charges can be serious. Violent crimes are taken seriously in court, but that doesn’t mean your situation is hopeless if you have been accused of them.
These crimes are considered wobblers, which means they can be pursued as either felonies or misdemeanors, depending on the details of each case.
The penalties for a battery conviction will depend upon the severity and can include up to a year in jail, $2,000 in fines, and probation for up to six months.
However, battery and assault can also be considered felonies for a variety of reasons.
Felony criminal charges are more likely when the battery took place against a law enforcement officer. In that case, defendants may face anywhere from 16 months to three years in state prison, a fine of up to $10,000, and probation of up to three years.
Charges of battery and assault can be serious and even result in jail time. A legal representative will help you navigate the criminal justice system and explain your side of the incident in question.
What Should You Do When You’re Accused of Assault and Battery?
Being accused of assault and battery can be shocking and stressful. One of the first steps anyone should take is to hire a battery lawyer who can help you prepare for court and other legal difficulties.
Whether you are innocent or guilty, hiring a lawyer is the best course of action. Your lawyer will argue passionately on your behalf, providing legal representation, so you don’t need to navigate the complex justice system on your own.
Criminal defense lawyers have spent years learning how to defend their clients and make persuasive arguments about their client’s innocence. Some instances of the alleged battery have legal justifications, like self-defense, involuntary actions, and more.
Once you learn you are facing assault charges, you will need to hire an expert who will analyze physical evidence and research the case fully.
Let Our Violent Crimes Defense Lawyer in California Defend You
If you have been accused of a violent crime, you need a defense lawyer with the skill and experience to handle the case. Whatever charges you are facing, a knowledgeable criminal defense attorney will understand how to form a strong defense.
We are a dedicated law firm you need to help you avoid prison sentences and other harsh outcomes. If you need help from a violent crimes defense lawyer in California, we are one phone call away.
We also offer free consultation, contact us at 877-545-3559 at LibertyBell Law Group today!
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Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.
Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.
A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.
It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.
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I hired Gina and her team for my son who was facing 10 years for something they said he did when he was 17 years old. Gina was like a lioness protecting her cub. She did not stop. She fought hard and was able to defend the charges. We are so grateful to her and her team. They gave us our son. He recovered his life!– L. W.
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I hired this law firm in 2014 for my son who was facing 16 years in prison for a felony robbery. Lina Helou answered all our questions. I was extremely distraught regarding what my son was facing but Lina comforted me and told me that it would be okay. And thank goodness LibertyBell saved my son from going to jail and they were able to obtain only 3 years of probation. I could not have hired a better law firm for my son and if you want the best defense call LibertyBell Law Group. Thank God for this great group of lawyers.– V. J.
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She took her time to review all of my evidence and proved my innocence.
My father had found this group through his company and coworkers. I was assigned Gina Tennen and I cannot explain in just a review on how gratefull I am to be working with her. My case was an accusation of unlawful sex. This had looked extremely bad on my part since I was in a fraternity and she was in a sorority. During these times with Greek life, there are too many bad stigmas surrounding these organizations. Gina had believed in me and knew that I was innocent and that these accusations just were not true. She took her time to review all of my evidence and proved my innocence. I totally recommend this law group because they are willing to put in the work to help your situation.– C. D.
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When I first heard I was under a criminal investigation, I initially thought I would try and resolve this in the best way possible, without legal representation, as we were all interested in a "just" outcome. I quickly discovered that was not the case and contacted Gina at Liberty Bell. She clearly described the expectations and the choices available to me. She was always available to me, and when I called, if she couldn't talk with me at that time, she would quickly get back to me. Gina always kept me fully aware of how the case was proceeding. Her fee's were stipulated up front, as well as what those fees covered and what they did not.– S. B.
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Attorney Gina Tennen was on point from day one putting pressure on the sherrif's office to get things handled. With Child molestation accusatinos being thrown around Gina and Attorney Castro were great at keeping the pressure on and had no charges filled. The DCFS indications were appealed and we won with flying colors. Great service, great work, and will use again for all legal matters.– A. B.
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Being involved in legal matters can be scary. When researching who to put my trust in, I came across Liberty and I am glad that I did. From the first time that I met with Gina and her team she made me feel comfortable and listened to all that I had to say. She assured me that her team would be on it and that they would do everything that they could! A little while in, Alan took over my case. When meeting with him you can tell that this is his passion and I immediately knew he was going to do everything in his power to make the outcome right! He was relentless and worked day and night working on the case. He kept in constant communication with me and truly cared not only about me but about my family as well. I am forever grateful for the support that this whole team has given me and would definitely recommend them to anyone who is looking for truly the best lawyers!– L. B.