Although assault and battery charges are often grouped together in criminal cases, they are actually two separate criminal offenses, each classified as a violent crime that involves an attempt or act of violence against another person. Assault is defined as the attempt or threat of violent injury on another, with an apparent ability to carry out the threat and therefore to put the victim in reasonable fear of his or her safety. Battery, on the other hand, is defined as the act of violence itself, such as hitting, striking or touching another person against their will.

At The Chahine Law Firm, we provide effective legal representation for clients facing misdemeanor or felony assault and battery charges, such as:

• Simple assault
• Simple battery
• Assault with a deadly weapon
• Assault with a firearm
• Domestic abuse
• Stalking or harassment
• Assault on a Police Officer
• Violation of a restraining order
• Aggravated assault
• Resisting arrest

If you are arrested for assault and battery, request to speak to a lawyer before making a statement that can be construed as incriminating to the police. While it is important to cooperate with the police, remember they are building a case against you. Do not help them by providing evidence or statements about your case, even if you are innocent.

Assault and Battery Legal Penalties

An assault or battery conviction can bring serious penalties including jail or prison time, fines and probation. The legal penalties for an assault and battery criminal conviction in Los Angeles can involve county jail or state prison sentence, fines, community service, probation or parole, anger management courses, counseling, and a permanent criminal record.

If the defendant has a prior criminal offense on his or her record, or if the defendant used a weapon while committing the crime, he or she may be subject to enhanced criminal charges and sentencing if convicted. An important factor in any assault and battery defense is the extent of the injury. If the alleged victim has slight or no injury, it most often is charged as a misdemeanor. If significant injury occurs, such as cuts requiring stitches or broken bones, then the offense is charged as a felony. In some cases, the offense may be charged as a strike under California's "Three Strikes" Law. Under the Three Strikes Law, if a person is convicted of a violent felony for the third time, he or she will automatically be sentenced to 25 years to life in prison without the possibility of parole. This means that if you have been charged with aggravated assault, and you have already been convicted of two prior violent felonies, you will be sentenced to no less than 25 years in prison if you are found guilty.

Defenses to Los Angeles Assault and Battery Charges

In many assault and battery cases our law firm can successfully defend the case by raising many defenses in your favor. After investigating the facts of your case, our attorneys can propose many different types of defense, including:

• Lack of intent, such as an accident. The crime of battery requires that the defendant actually intended to commit a ‘willful and unlawful use of force or violence upon the person of another.’ If the injuries were made by accident, it does not qualify.
• Self defense. It is not assault and battery if you were simply defending yourself from an attack.
• Defense of other people or defense of property. Similarly, it does not qualify as battery if the physical contact were made against someone trying to attack other people or property.
• Failure to prove identity of the defendant. This defense arises when the prosecution is unable to prove your identity or the case involves mistaken identity.

Additionally, many assault crimes are overcharged by the prosecution and the lawyers at The Chahine Law Firm will work tirelessly to defend you from the charges and attempt to have them dismissed or reduced.

Los Angeles Assault and Battery Attorneys

If you have been charged with assault and battery, you may be facing large fines, time in county jail or state prison, probation, loss of driving privileges, and more. Your future and your freedom depend on the quality of legal representation you choose. The attorneys at The Chahine Law firm have a strong record of success in Los Angeles assault and battery cases. We use our skills and experience to seek the most favorable outcome for each client we represent. Contact us today to schedule a free consultation and speak to a criminal defense attorney.