What You Need To Know About
Assault and Battery Charges In California



WHAT ARE ASSAULT AND BATTERY CHARGES?

 

California defines Assault as willfully acting in a manner that would likely and knowingly result in the application of force upon another.

Battery is defined as willfully and unlawfully touching a person in a harmful and/or offensive manner.

The difference between Assault and Battery is that Assault does not require any psychical contact with another person, while Battery requires physical contact with another person. In California, you can be charged with both Assault and Battery, but can only be sentenced for the greater crime of Battery.

POSSIBLE DEFENSES AGAINST YOUR ASSAULT AND BATTERY CHARGES

 

There are a number of defenses that may apply to your case. Here are some of the common ones:

  • Accident – One of the elements of the crime is that you willfully acted. So if it is determined that you did not act willfully or if the act was done accidentally, then you did not commit the crime of assault and/or battery
  • Self Defense – If you reasonably believed that physical violence was the only way to protect yourself, or another, from being physically harmed (Note: the force cannot be excessive)
  • Consent – If a person engages in an activity where there is a widespread acceptance of the risk of battery, they may have a legal defense of consent. This usually applies to sports games or other inherently dangerous activities.

WHAT IS ASSAULT WITH A DEADLY WEAPON?

 

Assault with a deadly weapon, commonly referred to as aggravated assault, requires the use of an object, to inflict great bodily injury to another, or act in a way that is likely to result in great bodily injury. 

POSSIBLE DEFENSES AGAINST ASSAULT WITH A DEADLY WEAPON CHARGE

 

There are a number of defenses that may apply to your case. Here are some of the common ones:

  • – Inability to Carry Out the Assault – If it is determined that you had no present ability to carry out the assault or apply force likely to produce great bodily injury with a deadly weapon, then you cannot be found guilty of assault with a deadly weapon.
  • – Self Defense – If you reasonably believed that physical violence was the only way to protect yourself, or another, from being physically harmed (Note: the force cannot be excessive).
  • – Wrongful Accusation – You were falsely accused.

 If you have been charged with assault and battery, call Los Angeles Criminal Defense Lawyer Ese Omofoma, to discuss your matter.

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