Hire a for sure That has Handled 3,000+ Criminal Cases
Assault and battery are two different offenses—you deserve to be charged v either one or both. Furthermore, relying on the severity the the allegations, you deserve to be charged with a misdemeanor or a felony.
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If you have actually been accused that either attack or battery, that is important to maintain a knowledgeable Anaheim attack & battery defense attorney that can successfully represent you.
At The legislation Office that Barney B. Gibbs, we are committed to defending the rights of the accused, and also we are all set to fight because that you.
Why pick Attorney Gibbs?He has actually represented clients in end 3,000 cases, including countless assault and battery cases.This firm can use its experience with the regional court solution to your advantage, as we have actually an understanding into the strengths and weaknesses that prosecutors and also judges that many other lawyers execute not.Mr. Gibbs familiarity v the law and also local courts is a far-ranging factor in his capacity to effectively represent attack & battery cases.
What is the difference between assault and also battery?
According toCalifornia Penal code § 240-248, battery is willful and unlawful usage of force or violence ~ above another. Assault is one unlawful attempt, v a existing ability, to commit a violent injury top top another. In fact, you deserve to be judge of battery even if girlfriend did no injure or harm the victim.Is throwing something at who assault?
You do not should make physical call with your accuser come be judge of assault. You deserve to be charged because that spitting ~ above someone, putting a drink ~ above them, or even throwing something in ~ them, as long as the physical contact with your accuser to be violent, offensive, or painful.
However, an intent to damaged must additionally exist because that an assault conviction.
For example, a person could be fear of another individual transferring a bat, yet he or she might have had actually no intentionally of making use of the bat to cause harm. Thus, it is not uncommon for misinterpretations or misunderstandings to result in false accusations.
The Penalties for Assault and Battery in California
In California, the penalty for simple assault or battery encompass up to six months in jail. Friend may additionally be fined as much as $1,000 ($2,000 for battery), placed on probation, and also sentenced to ar service.
If you caused serious bodily injury or used pressure likely to cause serious injury, you may be fee withaggravated battery.
This charge is a potential felony that may an outcome in a prison sentence of increase to 4 years, a well of as much as $10,000, and an bespeak to salary restitution come the victim.
UnderCalifornia Penal code § 41.2, attack committed on school or park home carries a maximum punish of $2,000 in fines and also up to one year in jail. If you have ever before been judge of a felony and are dealing with a second felony fee for assault or battery, her sentence will automatically carry double the penalty of your an initial offense.
Furthermore, two prior felony convictions may an outcome in a minor, nonviolent confrontation ending up being afelony charge instead of a misdemeanor.
You should likewise know that, underCalifornia"s three Strikes Law, if you are convicted that your third violent felony offense, friend could confront a prison sentence the 25 year to life.
Assault through a deadly Weapon – Penal code 245(a)(1)
Assault v a deadly weapon charges different from basic assault cases since it is an attack committed with a fatal weapon, or any form of object that is not component of one"s body.
California"s Penal code 245(a)(1) defines a "deadly weapon" as an item that is capable of producing great bodily harm, injury, or also death—which method that an actual weapon walk not should be used. In fact, household objects can qualify as a deadly weapon if lock are supplied in a way that could result in too much harm.
Examples of this can include hitting someone v a baseball, or even stepping on another person when wearing steel-toed boots. Because California regulation upholds no necessity that the alleged victim actually sustain any injury, countless innocent human being are wrongfully accused of attack with a fatal weapon.
Assault through a deadly weapon can be charged as either a misdemeanor or felony. The severity of the penalties depends on certain circumstances.
Factors that will certainly be take away into factor to consider include:The type of weapon that was usedHow the weapon to be usedThe severity of the victims injuries
What if ns was acting in self-defense?
In specific cases, your attack or battery charge may have been a result of a confrontation in which friend were simply defending yourself, protecting who else, or recovering stolen or got into property.
In this instances, you may be able to establish the you were acting in self-defense.
Some that the elements of a self-defense case include:You were under danger of harmYou fairly feared damage to yourselfYou did not provoke the confrontationEscape or retreat to be not fairly possible
Additionally, we deserve to fight the severity that the fee or sentence based on the seriousness of any kind of harm or injury caused.
Furthermore, we also understand the an accuser may be exaggerating or misrepresenting the situation and can fight come ensure that you room not wrongfully accused the a crime you did not commit.
Contact ours Office 24/7 because that Aggressive Representation
With 35 year of experience, Anaheim DefenseAttorney Barney Gibbs understands just how fearful or fear you could be together you challenge an assault or battery charge. Just because you have been arrested v an attack with a deadly weapon charge does no make the fee true.
While there may be evidence against you, ours firm can aid defend you versus aggressive prosecutors and also create a solid defense on her behalf.
At The legislation Office that Barney B. Gibbs, we are specialized todefending the rights of our clients. We understand that no all instances are black and white and also want to help ensure that your voice is heard.
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Mr. Gibbs has worked very closely with the regional courts in Orange County and also can administer you through the aggressivecriminal defense that you deserve. That is available to you 24/7 and sets next time every day to answer her questions.
Call united state for afree consultation to start building her defense through ourAnaheim criminal defense lawyer!