San Jose Assault Lawyer | Battery Attorney
In California, assault and battery are often tied together, although the offenses are often misconstrued by both the alleged victim and law enforcement officers. However, the two crimes are quite different from one another and it is important that an experienced criminal defense attorney correctly articulate the facts of your case in the court room. The primary difference between the two crimes is that assault does not involve physical contact – it only involves an intentional attempt to physically injure another or a threatening statement. Battery requires a person to use intentional and unlawful force against another person. Both crimes may be charged as misdemeanor or felony offenses depending on the facts of the case. If you’ve been charged with assault or battery, contact our San Jose Assault Lawyer today.
California law differentiates between different types of assault, depending on the intended victim. While mere threatening words alone are not enough to lead to an assault charge, an arrest may be brought if there is proof that the defendant’s actions show the intent to carry out the threat. Assault charges against protected classes of people, such as doctors, firefighters, or public transit workers, often lead to higher penalties since the defendant should know that the victim was in the course performing his duties.
Battery offenses often occur after a fight between two individuals, although the crime requires direct physical contact. This physical contact may be evidenced through a punch to the face, or even a small push. Battery may also be accomplished by causing injury to a person by throwing an item at the person. Similar to assault, battery against certain individuals will lead to heightened penalties if the defendant should have been aware that the alleged victim was engaged in the performance of his duties. Additionally, punishment ranges may be heightened if the alleged victim was a member of the defendant’s family (which may lead to domestic violence charges) or the alleged victim was an elderly person (which could lead to elder crime charges).
Assault and Battery Penalties and Defenses
Assault and battery are both “intentional” crimes. This means that any act which might lead to an assault or battery must have been completed with the full intention to commit the crime. An accidental touching will not rise to the level of a battery charge, even though the individual may have injured or touched the alleged victim.
Assault and battery could be brought as either misdemeanor or felony offenses, depending on the gravity of the offense and the identity of the alleged victim which is why it’s so important to hire an experienced San Jose assault lawyer. If the assault or battery was part of a larger crime, the defendant may face additional penalty ranges. Additionally, the defendant may be subject to enhanced punishment ranges if they have previously been convicted of other misdemeanor or felony offenses. Depending on the facts of the case, a defendant may only face probation and restitution to the victim, rather than prison time. However, an experienced San Jose battery attorney will be able to better assist you in determining the penalty ranges you may face in your individual case, and what defenses can protect your interests.
Ahmed and Sukaram | San Jose Assault Lawyer
If you have been charged with the offense of assault or battery in California, do not hesitate to contact the attorneys of Ahmed and Sukaram. Our attorneys have years of experience in handling assault and battery cases and will work tirelessly to protect your interests. Contact our San Jose office today for your initial free consultation.