ASSAULT & BATTERY ATTORNEYS
IN ORANGE COUNTY
WHAT IS ASSAULT?
According to the California Penal Code, Section 240, an assault "is an unlawful attempt, coupled with a present ability to commit a violent injury on the person of another." What does this mean? The law basically states that if you intentionally attempt to inflict injury upon a person and have the ability to do so, you have committed a crime. Assault does not require actual touching or bodily harm to the victim.
Assault is considered a violent crime. If a person uses a weapon such as a gun or a knife, a prosecutor might add what are known as "enhancements" to your assault with a deadly weapon charge, which could result in additional jail or prison time. If you are charged with intentionally using your vehicle to injure someone, the vehicle could be considered as a "deadly weapon." Even a baseball bat, which could potentially kill someone, could be considered a deadly weapon.
WHAT IS BATTERY?
The words "assault" and "battery" are used interchangeably, but they are different. The California Penal Code (Section 242) defines battery as "any willful and unlawful use of force or violence upon the person of another." A battery involves actual contact.
When a person intended only to commit an assault, but the victim is physically touched and harmed by that act, then both assault and battery have occurred.
Assault and battery could be charged as misdemeanors or felonies depending on the seriousness of the incident. The penalties could be as small paying a small fine and attending an anger management program to spending several years in state prison and paying out hefty fines and restitution.
THE DEFENSE
Your life could hinge on your defense and the type of defense attorney you hire to fight the charges. At Coffey & Coffey, our Orange County assault defense lawyers thoroughly investigate your case without taking the victim's word for granted. We listen to your side of the story and have a track record of spotting weaknesses and discrepancies in police reports, victim statements as well as eyewitness statements. We can help reduce your charges, your fines, help you get back to leading a normal life and most importantly, keep you out of jail.
If you or a loved one has been charged with assault and/or battery, call experienced Orange County assault and battery defense attorneys at Coffey & Coffey immediately to discuss your case.
THAT COULD SAVE YOUR LIFE!
1-800-706-7888
