Assault v Battery Charges in San Diego County
Two of the most common crimes in the nation are assault and battery. The two crimes are often confused because of their similarity and are usually charged together, but these two charges have distinct differences. In San Diego County, if you face charges for assault or battery, a conviction will have devastating consequences without the best legal representation available. When it comes to your life, freedom, and rights, it is worth fighting against assault and battery charges in all circumstances.
Understanding Assault and Battery in California
Understanding the differences and similarities between assault and battery charges is useful because California law is complex, and having a professional fighting on your behalf brings clarity and ensures the best possible outcome to your case. An experienced defense attorney specializes in assault and battery cases and relentlessly fights for reduced charges, plea bargains, and ultimately is working for complete dismissal. A criminal defense attorney works for you and never stops fighting for you when facing assault and battery charges.
Assault Charges in San Diego
Assault is a threat or attempt to injure someone and the ability to carry it out. Assault could be approaching someone in public and threatening to hit them. The assault charge can become aggravated assault after a punch is thrown, regardless of whether the hit contacts the person. If a weapon is revealed to increase the threat, this is considered assault with a deadly weapon, also aggravated assault. The next level of severity in the eyes of the court is threatening to stab or shoot someone, which is a criminal threat. As you can imagine, threatening to punch someone at a bar will have lower charges than threatening to shoot someone. If you have been charged with assault, aggravated assault, or posing a criminal threat in San Diego, please call for a free consultation today and get your case the attention it deserves.
Battery Charges in San Diego
Battery is the use of force or violence against a victim. Let’s say you throw a punch in public and end up hitting the person – this is considered battery. A key difference is that if a threat is made before throwing the punch, this is now an assault and battery case. One of the complexities of battery in California is that the act does not have to be a directly violent act. If someone spits in an officer’s face, that will be charged as battery. Only a criminal defense lawyer can walk you through the intricacies of assault and battery laws and charges in San Diego. There are strong defenses that can be used, but only someone wholly invested in what's best for you is going to invest the time to determine what that is and fight for it.
Fighting Assault and Battery Charges
Often, in assault and battery cases, law enforcement arrived on the scene and made an arrest based on witness testimonies. It is not unusual to be charged with battery even if you did not make physical contact with the person or if the threats came from the victim and then you made contact. In this scenario, you should not be facing assault and battery charges. It is critical to work with someone skilled in assault and battery cases and knowledgeable about San Diego Courts. A skilled professional lawyer will represent your side of the story and try to show insufficient evidence to prove the law was broken. Additionally, experienced defense lawyers offer valuable insight into judges' decisions about these types of cases, which can be instrumental in a successful outcome.
Self-defense is a common defense against assault and battery charges. If you were acting in self-defense, your defense lawyer could help you prove that you felt fear and were in imminent danger of bodily harm. Intent is another defense, depending on the details of your unique case, but if you hit someone when you did not intend to, this may be a viable defense.
It is best not to speak with authorities without a lawyer present. If anything is said that may count against you later, it can make things more complicated. So, instead of trying to explain your situation to an officer, contact a defense attorney immediately and have them at your side when you answer questions about the charges and accusations. Criminal defense attorney, Joni Eisenstein, is based in Oceanside and helps clients facing assault and battery charges throughout San Diego County. She has been successfully helping clients for over thirty years, and there is no better choice when seeking legal representation.
If you are on the fence about hiring a defense attorney, stop thinking about it, and do it now
Hiring a criminal defense attorney like Joni Eisenstein can help you go from a place of uncertainty to freedom.