Escondido Assault and Battery Lawyer
Accused of Assault or Battery in San diego county? Call Sterger Law Group!
If you have been arrested for or charged with assault or battery in Escondido, Carlsbad, Oceanside, Poway, Rancho Bernardo, and Vista, it is crucial that you immediately contact a skilled and experienced California assault and battery attorney from Sterger Law Group. Our team of legal professionals is here to help you fight your charges and pursue the best possible outcome in your case.
Assault and battery are a very serious criminal offense that can result in serious consequences, such as jail time, fines, probation, restraining orders, and other penalties. Because of this, it is important to contact an assault and battery attorney in Escondido as soon as possible after your arrest or after you have been served with a court summons. We will fight for your best interests and help you get the most favorable result in court.
Schedule your free case review by calling our office at (760) 280-7900 or contact us online.
What is Assault in California?
Assault is an unlawful attempt to commit a violent injury on another person. It is a general intent crime, which means that it does not matter if the defendant intended to commit the act or not. It is enough that the defendant intended to do the act, even if they did not intend to hurt anyone.
Assault charges can be filed as either a misdemeanor or a felony, depending on the circumstances of the case. Generally, if there are no aggravating factors involved in the case, assault will be charged as a misdemeanor. If there are aggravating factors, such as the use of a deadly weapon, assault will be charged as a felony.
Penalties for Assault in California
The penalties for assault depend on the circumstances of the case and the aggravating or mitigating factors involved. Generally, assault is charged as a misdemeanor, and the penalties for a misdemeanor assault conviction include:
- Up to six months in county jail
- A fine of up to $1,000
- Probation
- Restraining orders
If aggravating factors are present, the penalties for assault can be increased. Aggravating factors can include the use of a deadly weapon, a prior conviction for assault, or the use of a firearm during the commission of the assault. If a deadly weapon is used during the assault, the penalties can be increased to up to three years in prison.
What is Battery in California?
Battery is the intentional and unlawful touching of another person without their consent. Battery is a general intent crime, so it does not matter if the defendant intended to commit the act or not. It is enough that the defendant intended to do the act, even if they did not intend to hurt anyone.
Battery is a less serious charge than assault, but it is still a criminal offense that can result in serious consequences, such as jail time, fines, probation, restraining orders, and other penalties. Because of this, it is important to contact a battery attorney in Escondido as soon as possible after your arrest or after you have been served with a court summons.
What are the Penalties for Battery in California?
The penalties for battery depend on the circumstances of the case and the aggravating or mitigating factors involved. Generally, battery is charged as a misdemeanor, and the penalties for a misdemeanor battery conviction include:
- Up to six months in county jail
- A fine of up to $2,000
- Probation
- Restraining orders
If aggravating factors are present, the penalties for battery can be increased. Aggravating factors can include the use of a deadly weapon, a prior conviction for battery, or the use of a firearm during the commission of the battery. If a deadly weapon is used during the battery, the penalties can be increased to up to three years in prison.
Contact Sterger Law Group for Assault and Battery Defense in San Diego County
If you have been charged with assault or battery in Escondido, Carlsbad, Oceanside, Poway, Rancho Bernardo, Vista or other areas in San Diego County, it is important to contact an experienced and aggressive attorney as soon as possible.
At Sterger Law Group, our team of legal professionals has handled many cases and has successfully defended countless clients. We have the experience and knowledge necessary to help you fight your charges and pursue the best possible outcome in your case.
Contact our firm for a free case review by calling our office at (760) 280-7900.
Common Defenses for Assault and Battery Charges in California
Defending against assault and battery charges involves various strategies depending on the specifics of the case. In Escondido, as in other jurisdictions of San Diego County, common defenses for these charges include:
- Self-Defense: Arguing that the force used was necessary to protect oneself from imminent harm.
- Defense of Others: Similar to self-defense, this involves using force to protect another person from harm. The force used must be reasonable and proportional to the threat faced by the person being protected.
- Accidental Contact: Arguing that any physical contact that occurred was accidental and not intended to cause harm.
- Lack of Intent: Assault and battery charges require intent to commit the act. Demonstrating that there was no intent to harm or threaten can be a valid defense.
- False Accusation: Arguing that the charges are based on false allegations or that the accuser is not truthful.
- Insufficient Evidence: Demonstrating that there is not enough evidence to support the assault or battery charges. This can involve challenging the reliability of witness testimony or the validity of physical evidence.
- Mutual Combat: Arguing that both parties involved willingly engaged in a physical altercation, and thus, the charges may not be justified if the combat was consensual.
- Consent: In some cases, demonstrating that the alleged victim consented to the physical contact or altercation can be a valid defense. This is more common in cases where contact was part of an activity or event.
- Psychological or Emotional State: Arguing that the defendant was in a mental or emotional state that affected their ability to understand or control their actions. This can involve presenting evidence of mental health issues.
- Violation of Rights: Claiming that the defendant’s rights were violated during the investigation or arrest, which could affect the admissibility of evidence. This includes issues such as illegal search and seizure or coercive interrogation.
Get a free case evaluation today! Call us at (760) 280-7900 or contact us online to speak with our
Escondido assault and battery attorneys and review your case at no cost.
Commonly Asked Questions
What is the Difference Between Assault and Battery?
Assault involves the threat or attempt to inflict physical harm on someone, while battery refers to the actual physical contact or use of force against another person. In other words, assault is the threat of violence, and battery is the physical act of violence.
Can Assault and Battery Charges be Reduced or Dismissed?
Yes, there may be options for reducing or dismissing charges through plea deals, diversion programs, or pretrial motions. Our experienced Escondido assault and battery attorneys can help explore these options based on the specifics of the case.
How Does the Legal Process for Assault and Battery Work in Escondido?
The process typically involves an investigation by law enforcement, an arrest if evidence supports the charges, arraignment where formal charges are read, and potentially a trial. Some cases may be resolved through plea negotiations or alternative sentencing options.
