Assault and Battery
A conviction for assault and battery can have a significant impact on your future. Whether it results in incarceration, fines, or probation, many aspects of your life could be affected, including your ability to obtain or retain employment, the right to own or possess firearms, as well as possible restraining orders. If you are facing a potential assault and battery charge, or if you are already involved in a criminal matter, you should contact a seasoned criminal defense lawyer as soon as possible. Although working with the authorities may seem like the quickest way to exonerate yourself, they do not have your best interests in mind. At Hinely Law, our Colusa and Lake County assault defense lawyers take pride in ensuring that each client receives the compassionate, responsive, and vigorous legal representation that they need during this stressful time.Understanding California’s Assault and Battery Laws
Assault and battery is one of the most commonly misidentified crimes, and people often fail to realize that assault and battery are two separate offenses. According to California law, the act of battery, which can also be called simple battery, involves willfully and unlawfully using force or violence against another person. In many instances, people believe that the touching or contact must involve severe violence or injuries, when in reality any type of offensive touching can result in a battery charge and conviction. The act of pushing someone, throwing an object, or even spitting on someone can constitute a basis for a battery charge under California law. If the offensive touching does result in a serious injury, moreover, you can be charged with another offense called battery causing serious bodily injury.
In contrast to battery, the act of assault is defined as an attempt or threat to use force or violence against another person. The penalties associated with these charges vary, but they include jail time, fines, and probation. If the battery involved a police officer, EMT, firefighter, or other civil servant, there may be additional or increased penalties.Asserting a Defense to an Assault and Battery Charge
Although an assault and battery charge may seem like a challenging thing to overcome, there are a variety of defenses that our assault defense attorneys in Colusa, Lake, Sutter, or Yuba Counties can help you assert. Usually, assault and battery incidents arise in spontaneous situations, and defendants may be shocked when they receive an assault and battery charge following what they viewed as a relatively minor exchange from which no major injuries resulted. Some of the most common defenses that you can assert in an assault and battery case include showing that you acted in self-defense or in defense of another person, showing that you did not act willfully, such that the touching occurred accidentally, or that you were protecting property.
Also, there are specific procedures and protocols that police and investigators must follow when obtaining evidence against you. Although many people consider evidence to be physical objects, it can also be witness statements and testimony. If the police fail to follow these procedures, the evidence that results from the unlawful conduct cannot be used against you in obtaining a conviction. Retaining an experienced criminal defense attorney is a good way to ensure that the authorities act fairly in handling your case and that your right to a fair trial is preserved.Seek Guidance from our Assault Defense Lawyers located in Colusa or Lake County
At Hinely Law, our team of criminal defense professionals knows what you are going through during this difficult time. Whether this is your first involvement with California’s justice system or you have had other infractions, charges, or convictions, we will ensure that you receive the careful treatment that you deserve. Our Colusa and Lake County assault defense attorneys maintain offices in Colusa and Lakeport to provide you with convenient access to counsel while serving people in Colusa, Lake, Sutter, or Yuba Counties. To schedule your free consultation, call us now at (530) 458-2950 or contact us online to set up your appointment. We also represent people who need a drug crime attorney or assistance in fighting other types of criminal charges.