Your Assault and Battery Defense Lawyers

Assault

Assault is defined in Penal Code §240 as the attempt to inflict a violent injury upon another person with the apparent ability to do so. There is no requirement that you intend to inflict an injury or that you actually make physical contact with the other person. Assault is only an attempt to inflict violent injury.

Battery

Penal Code §240 defines battery as the actual infliction of violent force upon another person, with or without injury. There is no requirement that you actually injure the other person; only that you inflict physical force. Remember, a battery is the actual infliction of violent force upon another person with or without injury. Just making physical contact is enough to commit a battery, as long as the force applied is not accidental. The force applied must be violent, rude or offensive.

AGGRAVATED ASSAULT

Penal Code § 245(a)(1) Assault with a Deadly Weapon (non-firearm)
Penal Code section 245(a)(2) Assault with a Firearm
Penal Code section 245(a)(3) Assault with a Machine Gun
Penal Code section 245 (a)(4) Assault with force likely to produce great bodily injury

The aggravated forms of assault result in much more serious punishments. As a result more vigorous defenses are necessary to protect clients accused of these crimes.

DEFENSES

Pre-Arraignment Defense

If you are arrested for or charged with any assault or battery crime, you are well advised to consult with the experienced criminal defense attorneys at MyCriminalDefense at your earliest possible opportunity. If you act soon enough, there is a window of time between the time of the incident and the filing of charges during which your attorney can gather evidence in your defense and present this evidence to the district attorney prosecuting your case.

Your attorney may employ a professional investigator to conduct witness interviews and obtain sworn statements that can be helpful in persuading the prosecutor that there is insufficient evidence to file charges. If your case involves some scientific evaluation of evidence requiring special expertise, your attorney may also decide to employ a special expert to evaluate the evidence and prepare a forensic report that supports a strong defense against the accusations being made against you. If these proactive defense strategies are employed at the earliest stages of your case, there is a significant chance that the District Attorney may decide to reject the case.

THIS IS YOUR FIRST PRIORITY WHICH MAKES IT IMPERATIVE THAT YOU CONTACT AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY LIKE ME TO ACT SWIFTLY AND EFFECTIVELY TO BLOCK A CRIMINAL PROSECUTION.

Pre-Trial Defense

If charges have already been filed, your attorney will begin preparing a defense employing these very same defense strategies to prepare a defense in your case. The earlier you find the right attorney to defend you, the earlier a successful defense strategy can be prepared to present in your defense. It’s not easy to get charges dismissed once the prosecutor has already decided to file them, but a dismissal is still very much a realistic possibility if the appropriate defense strategies are expeditiously employed on your behalf.

Prosecutors have a sworn duty not to pursue a criminal prosecution if you can produce evidence that raises a reasonable doubt about the truth of the charges. Obviously, producing such strong defense evidence in the pre-file stage of your case is always preferable, but your attorney can still present such evidence even after charges are filed. An experienced and skillful defense attorney will prepare strong evidence of innocence and present this evidence to the prosecutor at the very earliest stage of your prosecution.

Our firm has achieved dismissals of very serious charges such as assault with a deadly weapon by preparing sworn witness statements and forensic reports and presenting the statements and reports to the prosecutor before the preliminary hearing or trial.

Trial Defense

If the presentation of strong defense evidence of innocence does not persuade the prosecutor to dismiss the charges against you, then, an experienced criminal defense attorney should have sufficient trial experience to present this evidence to a jury. A veteran successful trial attorney has an excellent chance of persuading 12 jurors that the strong defense evidence of innocence raises a reasonable doubt about your guilt. Reasonable doubt is all the jury needs to return a not guilty verdict.

IF YOU ARE BEING INVESTIGATED OR CHARGED WITH AN ASSAULT CRIME, IMMEDIATELY CONSULT MYCRIMINALDEFENSE,  EXPERIENCED DEFENSE ATTORNEYS WHO CAN PREPARE SUCCESSFUL DEFENSE STRATEGIES ON YOUR BEHALF AT THE VERY EARLIEST STAGES OF YOUR CASE.