Hiring The Assault Defense Attorney You Need
Getting charged with an assault crime in San Luis Obispo and Atascadero can negatively impact one’s life. It is a matter taken seriously within federal law and should not be overlooked, especially if you are proven guilty for it. If convicted, your permanent criminal records can hinder future endeavors, both personal and professional. Purchasing a house, getting loans approved, seeking employment, and opportunities are all tarnished due to one incident. Luckily, some people will aid and walk you through the entire process and ensure that you are not alone.
Criminal defense lawyers at San Luis Obispo County have served for years with experience and passion for the craft that aims to provide you with the defense you need. Make sure that no stone is left unturned, no matter what form of assault case you are facing.
What Is The Difference Between Assault And Battery?
The majority of people assume that assault and battery are the same kind. However, they differ in line with the crime committed and the actions done.
Assault is the act of threatening someone without physical violence actually committed. Battery, on the other hand, is the act of physically causing harm or with the intent to do so, often charged together with assault but usually is represented as separate charges.
Battery conviction and charges are heavier in comparison to assault. Once an assault is aggravated, it may lead to battery in any form. Get legal counsel from a criminal defense attorney to get more insight on the gravity of each of these criminal offenses.
How Assault And Battery Differ in Penal Codes
In San Luis Obispo, California, assault is an act that attempts to threaten an individual with the intent to injure them physically or inflict pain. Under the law, you may be charged with assault even if you have yet to make any form of physical contact with the victim as long as you planned to do so. Battery, on the other hand, is committed when someone willfully acts unlawfully and uses physical force or violence against someone to cause them harm.
The apparent difference between the two under the penal code is the existence of harm and the intent of causing it. Assault only requires the intention to cause damage, and you already may be charged for such. For battery charges, whether there was any intent or not, you may already be charged and convicted for bringing physical damage.
Assault and Battery take many forms. It is critical to know what actions and factors can lead to your charges. You may be charged for assault, or you may even be charged for both. These cases get complicated quickly when you have a relationship with the victim. They can be family, friends, partners, and alike.
As for allegations that prove the presence of dangerous weapons and objects that may inflict physical injury, such can be given harsher and more severe penalties since they fall under criminal charges. Here’s a list of common types of assault and battery that lead to violent crimes charges in San Luis Obispo California
- Simple Assault
- Assault Of A Public Figure
- Assault Against Civil Workers
- Assault With Dangerous Weapons
- Battery Causing Physical Injury
- Domestic Battery
- Sexual and Spousal Battery
Both assault and battery can be charged as a misdemeanor or a felony depending on the gravity of the act/crime committed. The severity of the charge for assault is determined by how far the accused went to communicate a threat and whom the threat was made against. Battery against protected classes of the community or battery against a close relation to the offender amplifies the charges made along with the extent of the injuries.
Wobbler Assault And Battery Charges
There are criminal cases considered as “Wobbler offenses” or “Wobbler cases.” The prosecutors will have the ability to charge a defendant with a felony or misdemeanor depending on the gravity of the case they are faced with. Some deciding factors and considerations are as follows:
- Seriousness of the offense and crime
- Attitude with the police or law enforcement of the accused
- Criminal records of the accused
- Age of the accused
- The nature and likelihood of a repeat offense or criminal behavior
- The eligibility for probation
Even if the prosecutor is given the authority to deem such case or offense as a “wobbler,” the judge will still make the final call. The decision of what penalties and fines the defendant must endure is entirely the judge’s call to make. These “wobbler” offenses are just a recommendation made by the prosecutor. Criminal defense is also dependent on the decision made in the courtroom.
Penalty and Charges For Assault
Punishments for an assault crime can include jail time, fines, or both. The judge will consider the severity of the crime committed before sentencing the offender. Keep in mind that just because assault cases are considered a misdemeanor or a felony, it does not mean that you can’t get the least possible penalty for the charges against you.
Legal Representation By A Criminal Defense Lawyer
Whether you are being charged with assault or battery, which varies in complications, it would be best to work with someone with legal experience. Someone ready to provide you with the sentencing and outcome that will serve you well as you live your life. 805 Law Group is here to showcase and provide you with the best legal advice you need to ensure that you are given a fighting chance you deserve.
With 20 years of experience, we have your back with the criminal defense you need. We can assure you that every nook and cranny of the case you are facing will be reviewed and checked by our competent assault defense attorneys who have proven track records of favorable case results.
Hire someone who will provide you with the best defense because assault crimes are not something you want to take lightly. Several cases can lead to dismissal of charges as long as the best defenses are presented in court.
Understanding the charges and gravity of the case you are connected with can be complex and overwhelming. Allow us to comprehensively investigate your case, ensure that the negotiation process is smooth, collect relevant data, and provide you with the course of action that is relevant to your defense. If you have been charged with a crime, allow our criminal attorneys to fight for you. We are all innocent until proven guilty beyond a reasonable doubt.