San Diego Assault & Battery Lawyer
San Diego Assault & Battery Attorney
Assault and battery cases in California often walk a complex tightrope between legitimate claims and false accusations. With the rise in emotionally charged disputes, the distinction can blur, leading law enforcement to make hasty decisions that could impact your life irreversibly.
An experienced San Diego assault lawyer is crucial to protect you from these charges. As a distinguished criminal defense firm located in San Diego, Lee Law Group provides unparalleled legal representation for those accused of assault and battery.
If you or your loved one has been arrested on assault or battery charges, your priority should be finding an attorney. This is the most proactive thing you can do to protect your rights, your needs, and your future. The sooner you begin working with an attorney, the sooner they can review your case, investigate the charges you face, and determine a potential defense to protect you.
Lee Law Group Can Represent You
Lee Law Group can provide you with a criminal defense in San Diego if you are facing assault charges. For over 20 collective years, our team has provided counsel for complex criminal defense cases. We know how upsetting these charges can be, as we have advocated for many individuals who were in your position. Our team can do the same for you. We can fight for the most positive outcome to an arrest or charges for assault.
When you work with Lee Law Group, our team can listen to your story, investigate your arrest and charges, and provide high-quality legal support.
Understanding the Offense of Assault vs. Battery
In California, assault is defined under Penal Code Section 240 as an unlawful attempt to inflict bodily harm on another person, whereas battery, as per Penal Code Section 242, is the actual infliction of force or violence. While they are two separate offenses, they often co-occur, leading to compounded legal consequences.
A conviction for assault and battery could result in significant penalties, including imprisonment. Additionally, a conviction often leads to other unintended repercussions like employment limitations and social stigmatization.
Simple Assault Offenses in San Diego
Each state has its own unique definition of assault and battery charges and their penalties. Unlike battery offenses, assault crimes in California do not require physical contact and are simply an attempt to commit injury. However, there must also be a present ability to attempt that injury. The prosecution may be unable to convict you of assault charges if you had no ability to commit the assault.
Aggravating Factors in an Assault Case
Simple assault in California has a maximum penalty of $1,000 in fines, six months in jail, or both. Several factors can result in more severe penalties, such as the location where the assault was committed or the profession of the individual who was assaulted. Some aggravating factors for an assault charge include:
- Assault against a parking control officer when they are performing their job duties. The offender should reasonably know they are a parking control officer. This results in up to six months in jail and/or up to $1,000 in fines.
- Assault against those with certain professions in the performance of their duties, where the offender should know their profession, results in penalties of up to one year in jail and fines of up to $2,000. The professions listed for this aggravated charge include:
- Peace officer
- Firefighter
- Emergency medical technician
- Lifeguard
- Traffic officer
- Process server
- Mobile intensive care paramedic
- Code enforcement officer
- Search and rescue member
- Animal control officer
- Emergency medical care physician or nurse
- Assault against a custodial officer completing their duties when the offender should reasonably know of their profession results in up to one year in jail.
- Assault on the grounds of a school or park, assault against a provider of public transportation or their property, and assault against a highway worker or a school employee are punishable by fines of up to $2,000 and/or a jail sentence of up to one year.
- Assault of a juror by a person who is party to a case with that jury
- Assault against a U.S. Armed Forces member for their service
When aggravating factors are present, it is even more important that you seek the support of a criminal defense attorney.
Aggravated Assault Offenses
Aggravated assault is the charge of assault with a deadly weapon or instrument other than a firearm. This offense also includes the crime of assault likely to produce severe bodily injury. These are charged as either misdemeanors or felonies. The penalties for these two crimes include:
- Imprisonment for two, three, or four years, or imprisonment in jail for a maximum of one year
- Fines of up to $10,000
The crime of assault with a firearm has the same penalties but with a minimum jail sentence of six months. If the assault is committed with a machine gun, assault weapon, or a .50 BMG rifle, the penalties may be as high as 12 years in prison, and this crime cannot be charged as a misdemeanor.
Because some aggravated assault offenses can be charged as either misdemeanors or felonies, it is essential to have a skilled attorney represent you. They may be able to advocate for the lesser sentence of a misdemeanor, allowing you to avoid some of the more severe consequences of a felony conviction.
Battery Offenses in San Diego
Battery refers to harm and physical contact. Not every charge of assault also includes battery charges, but they’re often paired together. Simple battery charges result in either fines of up to $2,000, imprisonment in jail for up to six months, or both.
If battery results in serious bodily injury to the victim, it is considered aggravated battery, and the penalties increase to up to one year in jail or between two to four years in jail. A serious bodily injury is defined as physical impairment, which includes:
- Bone fracture
- A concussion
- Loss of consciousness
- Loss of function or loss of an organ or bodily member
- Injury requiring significant sutures
- Severe disfigurement
Other battery offenses in California include:
- Battery Against a Police Officer: This crime also includes battery against other professionals, such as an emergency medical care nurse or physician. Penalties include imprisonment for up to one year and/or fines of up to $2,000. If injury is inflicted, imprisonment may be as long as three years.
- Domestic Battery: This is the crime of committing battery against a spouse, cohabitant, dating partner, or the parent of the offender’s child. It results in fines of up to $2,000 and/or up to one year in jail.
- Sexual Battery: The crime of sexual battery can be charged as a misdemeanor or a felony. Penalties may either be up to one year in jail and fines of up to $2,000 or between two and four years in prison and fines of up to $10,000.
Civil Claims for Assault and Battery Offenses
When you face criminal assault or battery charges, you could also face a civil case. The alleged victim of the crime can file a claim against you to cover the damages they suffered through compensation. These claims are filed on the basis of intentional misconduct and can recover the financial cost of physical, emotional, and financial losses.
Civil claims can add to the financial strain of the situation. If you are convicted of assault or battery, you may be required to pay restitution as part of the criminal case in addition to civil compensation. Defending yourself against criminal charges may make the alleged victim’s civil claim less likely to succeed.
Possible Defenses for Assault and Battery Charges
The specific charges you face, the evidence against you, and the circumstances surrounding your arrest all affect what strategy will be most effective for your defense. When you hire an attorney who has worked for years in criminal defense law, they will be able to navigate your case and determine the ideal defense for your circumstances. Some potential defenses that are applicable in assault or battery cases may include:
- Self-Defense or Defense of Others: If you had a reasonable fear about your own safety or the safety of another based on imminent danger, this may constitute an effective defense. This is considered an affirmative defense, which states that you did commit the offense but were justified based on self-defense or the defense of other people.
- Lack of Intent: If you did not intend to commit assault or committed the crime of battery by accident, this may be an effective defense.
- Lack of Ability: One element of an assault charge is the present ability to act on an attempt to injure the other person. If you did not have the present ability to commit the crime, this may be a strong defense.
- Consent: This defense asserts that the actions between you and the other person were agreed upon, and you had consent to act that way. It’s important to talk with a criminal defense attorney to determine if this defense is possible for your unique charges.
- Insufficient Evidence: The prosecution must prove you guilty beyond a reasonable doubt to convict you. An attorney can help challenge ineffective or loose evidence against you to make it clear that the prosecution does not have sufficient proof.
- False Accusations: In some cases, the alleged victim of the assault or battery is making a false accusation. This is more common in assault charges, as no physical injury needs to have occurred. If you have been falsely accused, you need an attorney with the skill to find errors and conflicting information in the prosecution’s case.
Violent crimes are harshly prosecuted in California, and often, assault or battery charges are overcharged. Even if an attorney cannot eliminate the charges against you, they may be able to argue for a lesser charge or penalty for the crime, limiting its effect on your life.
What Are the Benefits of an Assault Defense Attorney?
There are many benefits to working with a skilled criminal defense attorney when you’re facing assault charges. These include:
- Being able to provide you with legal knowledge and information that is relevant to your case
- Helping you make informed decisions about your case, defense, and other options
- Ensuring you know your rights and that they are protected
- Filing pretrial motions when necessary
- Investigating the case against you and the scene of your arrest
- Determining the ideal defense for your charges
- Providing significant resources to support your case, including investigative resources and expert witnesses to advocate for you
- Giving you support during a potentially isolating and frightening time
- Negotiating with the prosecution for lessened or dropped charges
- Representing you in court
- Helping you protect your interests as they guide you through the entire criminal court process
At Lee Law Group, our attorneys want to help you find the ideal resolution to your criminal case.
FAQs:
What Are the Penalties for Assault in San Diego?
The penalties for assault in San Diego and in California are a maximum fine of $1,000 and/or up to six months in jail if there are no aggravating factors present. Assault is defined as an illegal attempt to commit a serious violent injury to someone else’s person, and the offender must have the ability to commit that injury. The charge for assault on school or park property is a maximum fine of $2,000 and/or up to one year in jail.
How Much Does an Assault Defense Lawyer Cost in San Diego?
An assault defense lawyer’s cost in San Diego may vary. Most criminal defense attorneys charge on an hourly basis, and their rate relies on their own experience, education, and successes.
An attorney’s rate also depends on the unique case. If your assault defense case is especially complicated or is likely to be resolved in court, attorney fees could be higher. Always discuss attorney’s fees before hiring a lawyer.
What Is the Lowest Charge of Assault?
The lowest charge of assault is simple assault, or an unlawful attempt and ability to commit injury to another, which is charged as a misdemeanor. Some aggravating circumstances that would raise the charge of assault to a higher offense include:
- Assault committed against a parking control officer while completing their duties
- Assault against a peace officer, firefighter, lifeguard, code enforcement officer, emergency medical care provider, or other professional completing their duties
- Assault on school or park grounds
- Assault against a public transportation provider
Can You Be Sued for Assault in California?
Yes, you can be sued for assault in California. A civil claim enables plaintiffs to recover the costs of physical, financial, and mental damages. These claims are typically filed based on intentional misconduct.
If you are charged with assault, you can face both criminal penalties and civil penalties in separate cases. In a criminal case, the court may order you to pay restitution, and this may be in addition to a civil claim filed by the victim.
Our legal team conducts an exhaustive review of the circumstances surrounding your case. Our approach aims to not only dismantle the case against you but to fortify your defense with compelling counterarguments and irrefutable evidence. We understand that each client’s situation is unique. With years of experience in California’s legal landscape, our Lee Law Group is adept at customizing defenses to fit the intricacies of each assault and battery case.
Talk Through Your Assault Defense Today
Choose a defense team that will work rigorously to protect your rights and secure the best possible outcome for your case. Contact us today for a free case evaluation.
