ASSAULT, BATTERY, AND CALIFORNIA LAW

Posted on: May 22, 2015 by in Criminal Defense
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California Penal Codes 240 and 242

Orange County criminal defense attorneyIn the state of California, assault and battery are two of the serious crimes you can be charged with if you hurt someone or try to hurt someone. While you do not have to have actual physical contact with someone to assault that person under California Penal Code 240, you can be charged with battery under California Penal Code 242 if you make physical contact. The law defines battery as the “willful and unlawful use of force or violence upon the person of another.” Even slapping or shoving someone can land you in jail for up to six months and cost you up to $2,000 in fines. If you are charged with either assault or battery – or with both crimes – in Orange County, contact an experienced Orange County criminal defense attorney at once for the legal help you will very much need.

Of course, it’s always wisest to think first before you act, but a battery charge isn’t necessarily the equivalent of a conviction. If you acted in self-defense, if someone else committed the crime and you were misidentified, or if the charge is a complete fabrication, an experienced criminal defense attorney can challenge the state’s case against you and make sure that your side of the story is fully told and clearly understood.

A prosecutor doesn’t have to prove that an alleged victim was seriously injured; the prosecutor can win a battery conviction simply by proving that you made illegal, hostile physical contact with the alleged victim. If you are arrested for either or both crimes, politely exercise your right to remain silent and politely insist on your right to have an attorney present during any questioning. Don’t try to act as your own lawyer, and don’t plead guilty to anything or sign any agreement or admission of guilt. Speak immediately to an experienced Orange County criminal defense attorney if you are charged with assault and/or battery in southern California now or in the future, and don’t wait to make the call.

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