ASSAULT AND BATTERY LAWYER
Assault and Battery are charges that are normally intertwined by the facts of a case. What this means is that, generally speaking, there almost always is an unlawful physical contact giving rise to such charges. The sections in the California Penal Code governing these charges are 240-245. There are many different types of assault and battery charges, and each one has its own elements. For example, there are simple battery charges, domestic violence charges, sexual battery charges, assault on a police officer, or assault with a weapon charges. Some of these charges are classified as misdemeanors (jail up to to 1 year) or the more serious felony (several years in state prison). The charges filed by the Downey District Attorney will depending ultimately on the severity of the conduct by the accused, injury sustained by the alleged victim, and the strength of the facts.
Criminal Attorney in Southern California: Assault and Battery
Needless to say, these charges are serious in nature, complex, and require an experienced lawyer to navigate such charges through the legal system. Contacting Downey criminal defense lawyer Oscar E. Rojas is a great start. Mr. Rojas has over 22 years experience in criminal defense matters. He has defended thousands of criminal cases. His practice is limited to criminal defense law. He will speak personally with you and explain all of your options.
The following is a list of the most common charges:
Penal code section 240: (Assault)
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
Penal code section 242: (Battery)
A battery is any willful and unlawful use of force or violence upon the person of another.
Penal code section 273.5 (Domestic violence)
(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.
(b) Subdivision (a) shall apply if the victim is or was one or more of the following:
(1) The offender’s spouse or former spouse.
(2) The offender’s cohabitant or former cohabitant.
(3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243.
(4) The mother or father of the offender’s child.
Penal code section 245 (Assault with a deadly weapon)
(a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.
(4) Any person who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
(b) Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.
(c) Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.
(d) (1) Any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years.
(2) Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for five, seven, or nine years.
(3) Any person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.
DEFENSES:
There are several defenses to the foregoing crimes. These defenses are complex and need the help of an experienced attorney to explain them and present them in a court of law. Such defenses include, but are not limited to, Self-defense, Defense of others, Alibi, wrong person, corpus delicti, etc.
** Please note that all penal code sections 240, 242,273.5, 245, definitions and elements were taken from the California penal code for illustration purposes only. This information is not legal advice. If you or a loved one is facing charges, you should immediately consult with a qualified criminal defense attorney for such advice.**
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