Being charged with assault and/or battery can be treated as a misdemeanor or a felony, depending on the circumstances of the crime. Therefore, it is essential to have a well-trained attorney with extensive legal experience, like those at Kannan Law.
According to the legal definition, “assault” is considered an attempted act of aggression, for example, attempting to carry out a threat to harm someone, such as attempting to hit them.
On the other hand, battery is a charge that involves force, defined as “offensive contact,” which can include hitting, punching, or even sexually or inappropriately touching the other person without their consent.
In short, in assault, there is only a threat to harm someone, and in battery, that threat is actually carried out.
What makes one case a misdemeanor and another a felony?
It’s important to consider the following factors to determine whether an assault or battery case will be treated as a misdemeanor or a felony:
- Weapon: The use of a weapon tends to increase the severity of a case, making it much more likely to be treated as a felony.
- Injury: If the other party suffered an injury, the severity of the injury is another factor that will determine whether your case will be treated as a felony or a misdemeanor.
When the circumstances are right, and if you are charged with a misdemeanor, the charge itself can be replaced with a negotiated civil settlement, even if the prosecutor objects.
Negotiating a civil settlement must, however, be properly handled by an experienced attorney.
How can an assault and battery lawyer help you?
Due to the many nuances that can arise in an assault and battery case, it is ideal to have an attorney who specializes in the subject to advise and support you promptly throughout the entire process.
This will ensure that your case is handled in the best possible way so that you can move forward positively from this difficult time.
It is important to note that aggravated assault in California is aggressively prosecuted, and the criminal sentence can be severe. Therefore, it is essential to have a legal team with extensive experience in the field, such as those at Kannan Law.
Frequently Asked Questions
What legal consequences could I face if convicted of assault or battery in California?
The consequences can vary widely depending on whether the crime is classified as a misdemeanor or a felony. In milder cases, you could face fines, probation, or county jail time. If it’s a felony, penalties can include years in state prison, a permanent criminal record, and future difficulties finding employment or housing. It all depends on the severity of the incident and whether weapons or injuries were involved.
Can I be arrested for assault or battery even if there was no actual physical contact?
Yes. In the case of assault, physical contact doesn’t have to occur. A simple attempt to cause harm, such as throwing a punch that misses a target, may be enough to warrant charges. Intent and a credible threat to cause physical harm already constitute a crime under California law.
What factors might influence a prosecutor’s decision to file a felony charge rather than a misdemeanor?
Some determining factors include whether a weapon was used, whether the victim suffered physical injuries and the severity of those injuries, the defendant’s criminal history, and whether there was intent to cause harm. The more serious the situation, the greater the likelihood that the case will be prosecuted as a felony.
Is it possible to avoid a trial in an assault or battery case through legal negotiations?
Yes, in certain circumstances, especially if it involves a misdemeanor, a civil compromise can be negotiated. This type of resolution can prevent the case from going to trial, but it must be handled carefully by an experienced attorney, as it requires detailed knowledge of the legal process and negotiation skills.
What difference can having a lawyer specialized in my defense make versus one inexperienced in these cases?
An assault and battery defense attorney understands the legal nuances, knows how to analyze evidence, question witnesses, and negotiate with the prosecution. Their experience can mean the difference between facing serious charges or achieving a significant reduction in penalties, or even having the charges dropped altogether.