Many people think that assault and battery is one crime, or they believe that these two words mean the same thing. In California and other states around the country, these are two different crimes with different factors. If you have been charged with either assault or battery, contact The Hallinan Law Firm to speak with an assault lawyer Oakland clients trust.
Battery is when one person causes bodily harm to another person or makes any kind of physical contact that is meant to provoke or insult. In order to be battery, the offender must be aware of their actions and that they have no legal right to do so.
Battery is engaging in unlawful contact with another person. The most common types of battery include slapping, hitting, or punching. But battery can also be trying to rip off a backpack or other object that a person is carrying.
Under certain circumstances, the charge of battery can be elevated to aggravated battery:
If there has been great bodily harm, permanent disability, or permanent disfigurement done to the victim.
As an Oakland, CA assault lawyer can explain, where battery requires physical contact, assault does not. Assault is when one person places another in reasonable fear of being battered. This means that just the threat of making physical contact with someone can result in an assault charge. There is no physical contact required in order to be assault. The victim just has to believe that there is imminent violence about to happen. Making a fist or holding up a fist or hand as if about to strike the victim is enough to be charged with assault.
Just like battery, there are certain circumstances where the charges are upgraded from simple assault to aggravated assault:
Assaulting the victim with a deadly weapon (i.e. knife, vehicle).
Defending Against the Charge
There are several defenses your defense attorney can use against assault or aggravated assault charges. These are:
If you are facing assault charges, you need a skilled Oakland, CA assault lawyer defending your rights against these charges. Call The Hallinan Law Firm today and find out how our legal team can help.
Sexual Assault Accusations
Being faced with a sexual assault accusation can be a terrifying thing to endure, as even without being proven guilty, you may already be experiencing negative stigma against you. It can be difficult to overcome this new perception of you among coworkers, family, friends, and other important people in your life. It is vital to your case that you hire an Oakland, California assault lawyer who has handled sexual assault cases before.
Most convictions for sexual assault result in serious and long-term repercussions, such as expensive fines, lengthy prison sentences, being separated from loved ones, and having to register as a sex-offender. As soon as you or someone you love has been accused of such a crime, you must act decisively and swiftly by obtaining legal representation by a qualified assault lawyer in Oakland, CA.
Sexual Assault Defined
By definition, sexual assault is behavior or physical contact that occurs without the victim having given explicit consent. Examples of sexual assault could be unwanted sexual touching or fondling, forcing someone to participate in sexual acts, or penetrating the victim’s body. As you can imagine, cases of sexual assault are very sensitive and complex matters. Every claim of sexual assault must be taken seriously and responded to promptly by the accused. If you were accused of sexual assault, it is in your best interest to hire an experienced Oakland, CA assault lawyer sooner rather than later.
Do Not Speak with Police
While cooperating with law enforcement can surely make your life easier, this doesn’t mean that you should share more information than what is required of you. If you were arrested, then you need to provide details such as your name and address during the booking process. But after that, you can refuse to speak with police officers, who may bring you into a room and try to interrogate you. All you have to say is that you won’t speak with them until you have an attorney present. It is better to stay silent than saying something that could be used and twisted against you in court.
When to Talk with Press
If you are someone who is known in the public eye, you may have press and reporters trying to get you to answer questions about the accusation. Do not speak with these people, no matter how hard they press for details. What you say can be clipped and taken out of context. After speaking with your attorney, he or she can help you decide whether talking with them could work for your benefit or not, and what to say if you choose to make a statement.
The Number One Defense Strategy
The strategy most often used in sexual assault cases is the consent defense. It is possible that the supposed victim had gotten drunk and agreed to participate in a sexual act with another, only to regret it the next day. If the prosecution has evidence such as witness statements or photographs of cuts, bruises, and scrapes, your attorney can scrutinize it and investigate whether this could have been falsely fabricated.
Let an Oakland, CA Assault Lawyer Defend Your Rights
If you have been accused of sexual assault, you need to retain the services of an Assault Lawyer, Oakland, CA residents recommend immediately. Call The Hallinan Law Firm today.
Fighting False Domestic Violence Allegations
Domestic violence is a rampant and growing problem in California. The vast majority of domestic violence cases, as well as cases of child abuse, are never reported to any authority. More people are seeking shelter in domestic violence shelters, however, not all cases of domestic violence are truthful. There are instances when these allegations were mistaken (the victim truly believed that they were being assaulted) or were fabricated. We represent clients that all under both of those categories.
In California, someone who is convicted of domestic violence or battery faces up to anywhere from months in jail to years in state prison and thousands of dollars in fines. Not only that, but a criminal record of domestic violence can haunt an individual for the rest of their lives. As such, if you have been charged with domestic violence, it is imperative that you contact an Assault Lawyer, Oakland, CA clients trust immediately for assistance with your case.
How Common are False Domestic Violence Allegations?
Ultimately, false allegations of domestic violence are fairly rare. There is an incorrect belief that there is a large number of entirely false domestic violence allegations, created to take revenge, obtain child custody, or for other self-serving purposes. The truth, however, is that there are very few allegations of domestic violence that are untrue.
Peer review research has confirmed that there is confirming evidence in 63 to 74 percent of domestic violence cases. In the 33 to 26 percent of cases that are left there is either not enough information to come to a guilty charge, there was an unintentional mistake made in the belief that the allegation was true, and very rarely the allegation was intentionally falsified, according to the Colorado Coalition Against Domestic Violence.
Another study found that out of 111,891 domestic violence prosecutions and 5,651 rape prosecutions, there were only 35 prosecutions for false allegations of rape, six prosecutions for false domestic violence allegations, and three prosecutions for combined rape/domestic violence allegations. As such, we treat every claim of being falsely accused of domestic violence or child abuse very seriously. We only accept cases that we feel have substantial evidence to support that the allegation is false.
Contact us Today if You have been Falsely Accused
When your entire future is at stake, you need an experienced Oakland, CA assault lawyer behind you to gather evidence, witness testimony, and build a strong case to show who you truly are as a person. The Hallinan Law Firm will ensure you are consulted on your options as soon as possible so that we can begin building a case for you at once. Time is of the essence in all defense cases, so give us a call today.