Assault & Battery
The skilled defense attorneys at Hoffman & Associates have successfully represented thousands of clients facing assault & battery charges. If you or someone you know is facing these serious charges, we can help.
Assault and battery are terms used to describe two different types of offenses. Assault is generally defined as a threat to inflict injury with the perceived ability to do so. Also, assault can be categorized as any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. Despite popular belief, no physical contact needs to be made for a person to be charged with assault.
Battery can charged as a misdemeanor or felony and is defined as applying force to another person, resulting in harmful or offensive contact. Aggravated battery is battery accompanied by circumstances that make it more severe.
Generally, assault occurs before battery since you can’t batter someone without assaulting them first. If a person is touched by the person alleged to have committed the assault, then a battery occurs. If a person is not actually touched, but only threatened, then the offense is considered to be an assault. In order to prove battery, the prosecution must prove these three facts occurred:
- The act was willful
- Force or violence was used
- The act occurred upon another person
A simple illustration of assault & battery would be during a fight. For example, if two people began arguing in a bar in close physical proximity and one person took a swing at the other, but missed. At that point, a criminal defense attorney could argue that only assault had occurred because there was no physical contact made. However, if one of the bar patrons actually did land a punch on the other, the offense would rise to the level of assault & battery because of the physical contact.Experienced Assault & Battery Defense Lawyers
The physical and legal consequences of assault & battery can be very serious. Only a knowledgeable defense attorney can counsel you on your rights and defend your good reputation if you are facing assault & battery charges in California. At Hoffman & Associates, we never presume guilt, but rather we understand that there are two sides to every story. Our attorneys will review all the evidence in your case and look for errors in the investigation or other avenues to help you avoid conviction on assault & battery charges. We are committed to protecting our clients’ rights and reputations in courtrooms throughout California. Call us today to discuss the specific facts of your assault & battery case.