Hire a certain That has Handled 3,000+ Criminal Cases
Assault and also battery room two different offenses—you deserve to be charged with either one or both. Furthermore, depending on the severity of the allegations, you have the right to be charged with a misdemeanor or a felony.
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If you have been accused that either assault or battery, it is important to retain a knowledgeable Anaheim assault & battery defense attorney that can effectively represent you.
At The legislation Office that Barney B. Gibbs, us are specialized to defending the rights of the accused, and we are ready to fight because that you.
Why pick Attorney Gibbs?He has represented client in end 3,000 cases, including many assault and battery cases.This firm can use its endure with the neighborhood court equipment to your advantage, as we have actually an insight into the strengths and weaknesses of prosecutors and judges that numerous other lawyers perform not.Mr. Gibbs familiarity through the law and also local court is a far-reaching factor in his ability to efficiently represent assault & battery cases.
What is the difference between assault and battery?
According toCalifornia Penal password § 240-248, battery is willful and also unlawful usage of force or violence on another. Attack is one unlawful attempt, v a present ability, come commit a violent injury ~ above another. In fact, you have the right to be judge of battery also if you did not injure or injury the victim.Is cram something at who assault?
You execute not must make physical contact with her accuser come be convicted of assault. You have the right to be charged for spitting on someone, putting a drink ~ above them, or even throwing something in ~ them, as lengthy as the physical contact with her accuser was violent, offensive, or painful.
However, an intent to damaged must also exist because that an attack conviction.
For example, a person can be afraid of another individual delivering a bat, but he or she might have had no on purpose of making use of the bat to reason harm. Thus, the is not unusual for misinterpretations or misunderstandings to an outcome in false accusations.
The Penalties for Assault and Battery in California
In California, the penalties for basic assault or battery encompass up to six months in jail. Friend may also be fined as much as $1,000 ($2,000 because that battery), placed on probation, and also sentenced to neighborhood service.
If you caused serious bodily injury or used pressure likely to reason serious injury, you might be fee withaggravated battery.
This fee is a potential felony that may an outcome in a prison sentence of increase to 4 years, a well of up to $10,000, and also an stimulate to salary restitution come the victim.
UnderCalifornia Penal password § 41.2, assault committed on college or park building carries a maximum penalty of $2,000 in fines and also up to one year in jail. If you have ever before been judge of a felony and also are encountering a 2nd felony charge for assault or battery, her sentence will automatically carry twice the penalty of your first offense.
Furthermore, two prior felony convictions may result in a minor, nonviolent confrontation ending up being afelony charge rather of a misdemeanor.
You should likewise know that, underCalifornia"s three Strikes Law, if you are convicted the your third violent felony offense, girlfriend could confront a prison sentence the 25 years to life.
Assault with a fatal Weapon – Penal password 245(a)(1)
Assault with a deadly weapon charges differ from an easy assault cases since it is an assault committed with a fatal weapon, or any form of object that is not component of one"s body.
California"s Penal password 245(a)(1) specifies a "deadly weapon" as things that is capable of producing an excellent bodily harm, injury, or even death—which way that an yes, really weapon go not should be used. In fact, family members objects can qualify as a deadly weapon if they are provided in a method that could result in too much harm.
Examples of this might include hitting someone through a baseball, or also stepping on one more person when wearing steel-toed boots. Because California law upholds no necessity that the alleged victim in reality sustain any injury, countless innocent human being are wrongfully accused of assault with a deadly weapon.
Assault with a deadly weapon have the right to be charged as either a misdemeanor or felony. The severity of the penalties relies on certain circumstances.
Factors that will certainly be take away into factor to consider include:The type of weapon the was usedHow the weapon to be usedThe severity that the victim injuries
What if i was acting in self-defense?
In specific cases, your attack or battery fee may have actually been a result of a confrontation in which girlfriend were just defending yourself, protecting someone else, or recovering stolen or invaded property.
In this instances, friend may have the ability to establish that you were exhilaration in self-defense.
Some of the aspects of a self-defense instance include:You were under threat of harmYou reasonably feared injury to yourselfYou did no provoke the confrontationEscape or retreat to be not fairly possible
Additionally, we can fight the severity that the fee or sentence based on the seriousness of any harm or injury caused.
Furthermore, we also understand that an accuser might be exaggerating or misrepresenting the situation and also can fight to ensure that you space not wrongfully accused that a crime you did not commit.
Contact our Office 24/7 for Aggressive Representation
With 35 year of experience, Anaheim DefenseAttorney Barney Gibbs understands exactly how fearful or scared you might be together you face an attack or battery charge. Just since you have been arrested through an attack with a fatal weapon fee does no make the fee true.
While there may be evidence versus you, ours firm can assist defend you versus aggressive prosecutors and create a solid defense on your behalf.
At The regulation Office of Barney B. Gibbs, us are dedicated todefending the legal rights of our clients. We understand that not all cases are black and white and want to aid ensure that your voice is heard.
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Mr. Gibbs has worked very closely with the neighborhood courts in Orange County and also can carry out you through the aggressivecriminal defense that you deserve. That is available to you 24/7 and also sets next time each day to answer your questions.
Call us for afree consultation to start building her defense v ourAnaheim criminal defense lawyer!