Knowing the difference between assault & battery is a must in Los Angeles. The terms are often used interchangeably in everyday conversation, but in a legal context, there is a difference. This can be a big deal as the ramifications of these charges will affect your record, employment opportunities and quality of life. If convicted, these charges can have long-lasting effects on your criminal record and how you live. The following article will explain the definitions, what each charge means and their major legal differences, repercussions of fighting cases, their possible outcomes and why having an experienced Assault and Battery Legal Representation by your side is essential.
How Does California Law Define Assault and Battery? According to the law of criminal defence Penal Code Section 240, assault means an unlawful attempt to inflict a violent injury on someone else. It includes the desire to harm itself, but it does not have contact. If you are standing there and someone else raises a clenched fist toward another person in an apparent attempt to strike that person, it is technically assault even if contact does not take place. A battery is the willful and unlawful use of force or violence upon another person, as defined by California Penal Code Section 242. Therefore the battery needs to touch, with something actual and physical in some capacity. In other words, battery is the act of doing something… if someone physically hits another person it generally equates to a charge of battery.
The misperception comes from the fact that most consider all aggression or harm to fall under a single legal umbrella. Nevertheless, it is necessary to be aware of the subtleties in these definitions since they can offer windows into divergent legal consequences.
Intent
One of the most significant distinguishing characteristics between assault and battery is intent and premeditation. Assault is the intention to instil apprehension or fear of immediate harm, whereas battery requires intent to inflict bodily injury or offensive contact. It is an important distinction because it affects the level of charge and some possible defences.
Physical Contact
Another important distinction is the physical touch. Assault only means creating the fear of contact, while battery involves the actual touch. Assault: Last but certainly not least, assault is the attempted touching or striking of another person. When the person shoves another, though it is now a battery.
Legal Repercussions
The punishment for assault and battery charges can swing widely. Typically, assault is charged as a misdemeanour but can be elevated to that felony status if a weapon was used in the commission or if the alleged victim falls within special protected class categories ie (a police officer). Additionally, the battery can be a criminal offence or a felony and is contingent on how much damage was done. For example:
Misdemeanor Assault: Up to 6 months in jail and/or a fine of up to $1,000.
Felony Assault: 2 to 4 yrs in state prison
Misdemeanor Battery: Up to 6 months in jail and/or a fine of up to $2,000.
Felony Battery: – 4 years state prison (likely towards the upper end if the victim suffered a serious injury).
If you are, other than the potentially devastating consequences of being either charged with assault or battery can easily ruin your life. If you are found guilty, the consequences range from extremely expensive fines and time in prison to being labelled a criminal for life.
Impact on Criminal Record
A criminal record can reduce job prospects, affect housing applications and hinder personal relationships. Some employers run background checks and a conviction for assault or battery can lead to disqualification from specific jobs, particularly in the fields of law enforcement or education.
Long-term Implications
Apart from the immediate legal ramifications, the potential long-term effects can be far-reaching as well. Those with criminal histories often encounter difficulties getting loans, housing, and some licenses. Having a criminal conviction on your record can also impact personal relationships and standings in the community.
It is crucial to have an experienced Criminal Defense Lawyer for assault when facing assault or battery charges. Seek the help of experienced Assault Defense Attorney,who can guide you through our complex legal system and construct a defence strategy based on your circumstances.
A Los Angeles Defense Attorney with years of experience can review the facts, and evidence and discover any weaknesses while Defending Assault Charges. that could significantly decrease or dismiss charges. They can bargain plea deals, stand up for you in court and protect your rights through the process. Many people see having an attorney as someone there to help beat the charges—but much more than that it is also about fighting for your ultimate future, and what comes next. With skill at their disposal, your lawyer could decrease the severity of any penalties imposed on you or in some cases even get them dropped.
If you or a loved one faces charges in Los Angeles for either crime, it is important to understand how the law differentiates between assault and battery. Meaning, if the definitions are different and it happens whatever thet accusations are …. this can mean big differences in how your case is handle and your future can be protected. If you have been charged with assault or battery, you must obtain the help of a reputable Criminal Defense Lawyer For Assault. Please contact Alimourilaw at 626-314-3595 or visit our website at www.alimourilaw.com for a free consultation. When you have a legal problem, do not try to navigate the maze of laws by yourself; hire us so we can fight for your rights and future in this land of sophisticated laws.