In California, assault and battery are considered to be crimes that are punishable by law. An assault is an act where a person causes another person physical injury or fear of imminent physical harm. An example would be striking or shoving someone with the intention of injuring the other person or causing fear within them. We are Assault and Battery Defense Lawyer in san francisco.
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Assault and Battery Laws
In any assault and battery case, the alleged victim (the victim of the alleged assault or battery) is required to prove that the defendant was the one who committed the alleged assault or battery.
In a simple assault case, the victim of the alleged assault may prove his/her case by having an eyewitness(es) who would have observed the assault. The eyewitness(es) may be any credible person that was present during the alleged assault and can provide direct evidence.
California Penal Code section 242.7 outlines the crime of assault in conjunction with a battery. The two must be committed to the same act, be done to the same individual, and cause either physical injury or a threat of physical injury to the victim.
The punishment for assault and battery depends on the severity of your crime and the injury inflicted upon the victim; these punishments are delineated in California Penal Code section 243.5 and 243.7 respectively.
What is the Difference Between Assault & Battery?
Assault and battery are similar in many ways. They both involve physical contact and both have equally serious consequences. However, there are some key differences that should be known in mind.
It should be noted that there are two types of assault: non-violent and violent. Both can lead to swift and severe criminal charges under the law. In most jurisdictions, assaults are charged as misdemeanors while battery is a felony.
Assault and battery charges (Punishment and Penalties)
The punishment for battery and assault is determined by the type of crime committed. The penalty for a battery is up to one year in county jail and up to a $1,000 fine. Assault charges are handled differently depending on the aggravation of the situation. If an assault is considered aggravated, the charge can lead to a one-, two-, or three-year sentence in county jail and up to a $2,000 fine.
Assault and Battery Defense Lawyer in San Francisco
If you have been charged with Assault and Battery in San Francisco, or anywhere else in California, you need the help of a top assault and battery defense lawyer. At the Law Offices of Hallinan Law Firm, we have over 15+ years of experience defending clients against serious charges like these. We will work hard to ensure that you get the best possible deal from the criminal court system, and will do everything we can to protect your rights during trial.
We can help you Understand the Charges Against You
If you have been accused of committing an assault or battery, you need to hire a criminal defense attorney who has experience defending these charges. A good criminal defense attorney will work hard to defend your rights and protect your freedom.
We will Fight to Protect Your Rights and Freedom
If you have been accused of committing an assault or battery, you need to hire a criminal defense attorney who has experience defending these charges. A good criminal defense attorney will work hard to defend your rights and protect your freedom.
We offer free Consultations
We offer free consultations so you can learn more about your case and what we can do to help. If you need legal assistance, call our office at (415) 837-3449. Our attorneys are available 24×7 days a week. You can reach us by phone, email, or text message.
“Contact the Hallinan Law firm today for a free consultation with Mr. Neil Hallinan”
FAQs
How to Win a Case of Assault and Battery in San Francisco
If you have been the victim of assault and battery, you may be wondering how to win your case. The basics are this- if someone has actually assaulted or battered you physically, then state law says that they are guilty of a crime. All that is required for you to file charges is that the police investigate and arrest your assailant. But even if the police don’t take action, there are still ways to win a case against an assailant in San Francisco.
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