Assault and Battery: Legal Defense
Assault and battery are actually separate criminal charges, though they may be charged simultaneously. Assault involves threatening to harm someone with the apparent ability to carry out the action which puts another in fear of serious injury or death. Assault may be simple assault or assault with a deadly weapon which is charged as a felony. Battery is the offense of actually carrying out physical harm by attacking another with force or violence. Battery may consist of simple battery or aggravated battery, wherein you cause serious bodily injury, which is also charged as a felony.
Assault and battery convictions can result in lengthy prison sentences and “strikes” under California law if the case is not properly handled. Conviction of a third strike, regardless of whether it is a felony or not, will subject you to a harsh prison sentence of up to 25 years. Furthermore, if a firearm is used or seriously bodily harm is inflicted, you may be subject to additional and significant penalties beyond those for the underlying crimes themselves. To ensure that prosecutors do not “overcharge” your case, it is essential to retain an experienced lawyer for your defense. At the Law Offices of Scott M. Schlegel, you can take advantage of an accomplished attorney and legal team that is dedicated exclusively to criminal defense in the greater San Diego area. Our firm has years of practical experience in both state and federal courts; we have a reputation for prompt and efficient legal representation.
Penalties for Assault and Battery
If you are convicted of misdemeanor assault or battery, you face penalties of probation, up to 6 months in a county jail, $1,000 to $2,000 in fines, community service requirements, and a batterer’s program. A felony battery conviction is punishable by 2, 3, or 4 years in a state prison, up to $10,000 in fines, and a possible strike on your record. Assault with a deadly weapon felony charges carry penalties of 2 to 4 years in a state prison, up to $10,000 in fines, a possible strike on your record, and victim restitution. If you have been accused of any type of assault and / or battery, get the aggressive legal help you need by contacting our firm. You can discuss your case in a free, initial consultation directly with an attorney to get an understanding of what your case involves and your available legal options.