Making physical contact with another person without their consent is known as battery and is illegal under state law. However, a person may still face criminal charges even if they do not make contact with a supposed victim. These charges, known as assault, involve intentional acts that put another person in fear of harm or contact.
When you are accused of assault, you deserve a dedicated criminal defense attorney to protect your rights. A Folsom assault lawyer could help you contest allegations that you have committed an assault or battery on another person. For instance, our legal team could debate whether the necessary physical contact occurred or argue for a reduced sentence under a less serious version of the state’s assault laws. Our skilled attorneys have the time and resources needed to give your case the attention it deserves.
According to California Penal Code § 240, a simple assault occurs when a person attempts to cause a violent injury to another. It is vital to realize that no contact needs to occur for an assault charge to apply.
Simple assaults are usually misdemeanors, meaning that a court can issue a jail sentence of no more than six months. However, according to California Penal Code § 245(a)(1) and § 245(a)(4), assault charges can be more serious if the defendant allegedly uses a weapon or allegedly commits an assault that causes great bodily injury. These cases become felonies and carry a prison sentence of at least a year.
By contrast, battery occurs when a defendant is accused of actually making contact with an alleged victim. CA Pen. Code § 242 says that it is against the law to use any willful or unlawful force against another person. Even if this unwanted contact does not cause any physical harm, a defendant could still face battery charges. Most battery offenses are misdemeanors, but aggravating factors, such as the use of a weapon or the extent of the injury caused, may lead to felony-level charges. A Folsom assault attorney could help explain the penalties that you might face for any particular assault or battery charges.
People who are facing allegations involving assault or battery need to take these charges seriously and act quickly to defend themselves. The most direct way to accomplish this is to dispute whether the alleged incident happened. It can be helpful to talk to witnesses who could place a defendant in a different location or to cross-examine a supposed victim to question their recollection of the incident. An assault lawyer in Folsom could help implement these defenses at trial.
Another potential way to help people facing assault allegations is to argue for a reduction in the severity of charges. While there may be little doubt whether one person struck another, there may be a lack of evidence concerning the presence of a weapon, the severity of injuries, or whether the defendant struck out in self-defense. Our legal team could perform a full investigation into the incident in question to determine which defense strategy works best for your specific assault case.
Allegations involving assault or battery have the potential to change every part of your life. Even if a conviction does not result in jail time, it could impact your criminal record or require you to pay substantial fines.
Defending oneself against assault charges can be a complex undertaking. Several factors, including the identity of the alleged victim, the extent of injuries, the presence of a weapon, and the concept of self-defense may all play a role. Let a Folsom assault lawyer take the lead in protecting your future after an arrest. Reach out today to get started on your case process.