As a California resident facing assault and battery charges, your life may change abruptly and not for the better if convicted. A conviction can prevent you from living in certain places and bar you from holding specific types of jobs. We often represent clients and help them eliminate or reduce criminal charges against them.
Although the law sees assault and battery as two separate actions, they often occur as a result of the same incident. According to Cornell Law School, an assault occurs when a person understands that physical harm is imminent and battery is the act that causes physical harm. Depending on the details of your case, there are defense options available.
You must prove that the person or persons you harmed made threats of violence toward you, real or perceived, and use a minimum amount of force. This defense justifies actions that the law otherwise may view sas a crime. The distinction of justification vs. defense can make a difference in the outcome of your case. In Kings county, you have the right to defend yourself and others against an act or threat of violence.
You may use a reasonable amount of force in the defense of your property. Examples include using a justified level of force against an intruder in your home or an individual stealing your car. However, under the law, using force against a person during the retrieval of property is unlawful.
A variety of factors also determine whether the assault is a felony. They include whether you seriously injured the person, if you used a weapon and the identity of the person assaulted. An effective defense strategy must take into consideration whether the assault was against a public official, law enforcement or a domestic partner.