Assault and Battery Attorney
After an assault and battery charge, it not only can be stressful to feel unsure about your future, but it can also be taxing to know what next steps to take before going to court. The first step to meeting these charges head on is to understand the exact type of charge you’ve been accused of. Did you know that, although assault and battery are often used interchangeably, assault and battery are actually two separate crimes?
California Penal Code 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another”. This can mean Person 1 attempts to punch Person 2 but misses. The fear that Person 2 felt for their own safety is enough to bring forth an assault charge against Person 1. From this basic definition of assault comes more types of assault such as aggravated assault, sexual assault, assault with a deadly weapon, etc. Depending on the type of assault that you have been charged with will determine the way in which that your attorney will approach the case. A battery charge, on the other hand, is defined by California Penal Code 242 as “willfully and unlawfully touching a person in a harmful or offensive manner”. This can mean that Person 1 actually hits Person 2. Of course, battery can also mean unwanted contact such as poking or kissing or any other unwanted physical contact.
If you have been charged with assault or battery, it is imperative that you seek an experienced assault and battery attorney before it’s too late. San Fernando valley residents choose the Law Office of Mark Daniel Melnick because our tailored approach paired with our strength in the courtroom has provided numerous San Fernando residents with the protection they need.
Potential Assault and Battery Defenses
With so much to lose, you cannot afford to leave your case to chance. With the expertise of Mark Daniel Melnick, Attorney at Law, you can have a seasoned and aggressive advocate for you in the courtroom. With assault and battery charges, there are a few kinds of possible defenses that you can choose from. Some examples of great defenses against assault and battery charges are defending one’s self or defending another, defense of property, you did not act willfully, the individual in question consented to the interaction, etc. The exact defense, or combination of defenses, will be determined by you and your attorney as you both strategize the best defense for your case.
Keep in mind that a misdemeanor or felony can mean more than just paying a fine or spending time in jail – a conviction will be on your permanent criminal record. If convicted as a felon; you will lose many of your rights as an American citizen such as the right to vote or carry firearms. With the assistance of Mark Daniel Melnick, experienced assault and battery attorney in San Fernando Valley, you can get the protection you need for your day in court.