San Jose Assault & Battery Lawyer
Assault and battery are serious criminal offenses in California. Anyone accused of either assault or battery will benefit from hiring their own criminal defense attorney, otherwise they face a risk of ending up in jail. Contact Knight Law to speak with our San Jose assault and battery lawyer. We have defended many people accused of violent offenses, and we know how to win these cases. You can schedule a free case evaluation with our team.
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Although people usually mention “assault and battery” as one crime, they are different. Assault consists of the attempt to apply unlawful force on another person, for example an attempt to hit another person. It does not require that you touch them.
Under California Penal Code Section 241, simple assault is a misdemeanor which carries as punishment up to 6 months in county jail and a maximum $1,000 fine.
An assault might be aggravated because it involves the use of a deadly weapon or firearm. An assault can include an act likely to cause great bodily injury. Aggravated assault might be charged as a felony, with up to 4 years behind bars.Even if you had a probation violation, it is often still possible to expunge your case in the interests of justice and at the discretion of the court. See the case of People v. McLernon (2009) 174 Cal. App. 4th 569. However, you must have paid your fines and fees in full.
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Battery consists of the willful and unlawful use of force upon someone else. Bodily injury is not required. Under Section 242 PC, simple assault is a misdemeanor which can result in up to 6 months in jail and a maximum $1,000 fine.
Where the use of force causes serious bodily injury, then a defendant can be charged with felony battery under Section 243(d) PC. Serious bodily injury includes fractures, loss of consciousness, or impairment to a bodily organ or member.
Felon-level battery causing serious bodily injury can send someone to jail for up to 4 years, and an enhancement under Penal Code section 969(f) can make it a strike offense.
Can You Defend from Assault or Battery Charges?
Yes. Knight Law is prepared to defend against assault or battery charges. Our firm will carefully review the evidence to bring the best legal defense. We might allege:
- Self-defense or defense of another person—You only used force to defend yourself or to protect someone else from an attack.
- Mistaken identity—Someone else committed the assault or battery, not you.
- No serious injury (if charged with a felony)—Instead, the victim’s injuries could be minor, which might result in lessened charges.
- Mutual combat: the fighting was mutual or you were not the initial or primary aggressor.
- Police violations in arrest or evidence collection—If they violate your rights, then we can ask a judge to suppress any evidence.
The best defense is one based on the facts, so let us dig in and find out what evidence exists that undermines the charges against you, mitigates the circumstances or shows your innocence. Even misdemeanor-level offenses require a vigorous defense so that the case does not spiral out of control.
Schedule a Free Case Evaluation with Our Board-Certified Specialist in Criminal Law!
Our clients have faced assaultive crime charges in a variety of situations, such as a simple bar fight to a pushing and shoving match with someone in public. Contact Nana Knight or call 408) 877-6177 today to speak with our San Jose assault and battery defense lawyer in a free consultation.
