Assault & Battery
Assault crimes can occur for many different reasons. Domestic situations and self-defense may both precipitate an assault or battery charge. Time behind bars, probation, restitution and other consequences frequently result.
And because of the physical violence implied by such charges, job loss and other social consequences often result.
Santa Ana Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team provide aggressive defense representation to those facing charges of assault and battery. We represent clients facing serious misdemeanor and felony charges throughout Orange County and the Los Angeles area, including Ontario-Rancho Cucamonga.
Assault and Battery charges in Orange County can range from misdemeanor charges to serious felonies, based on the extent of injury and whether or not a weapon was used. In particular, charges of aggravated assault or assault with a dangerous or deadly weapon can result in felony charges and the threat of serious prison time.
Charged with Assault and Battery in Orange County
The California Department of Justice reports:
- 4,000 people a year face aggravated assault charges in Orange County.
- Statewide, 100,000 defendants face aggravated assault charges in California each year.
California law (Penal Code Section 240-242) defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
Battery means “any willful and unlawful use of force or violence upon the person of another.”
Assault with a Deadly Weapon: California Penal Code 245(1)(1)
Also aggravated assault, an assault with a deadly weapon charge accuses a defendant of using a deadly weapon or a means of force that is likely to cause great bodily injury.
An ADW charge can be charged as either a misdemeanor or a felony based on the type of weapon used, the extent of injury and the nature of the victim (relative, police officer, minor, etc.)
Defenses include self defense. A Santa Ana defense lawyer may also challenge the characterization of authorities that a deadly weapon was used. Throwing a dish during a domestic argument, for instance, or allegations that a defendant swerved toward someone with a car. In such cases, seeking a reduction of the charges is often possible.
An Assault with a Deadly Weapon charge may also be filed against a defendant as a lesser charge to attempted murder. Each case is unique and requires thorough review by an experienced defense firm with the knowledge and resources necessary to defend a client facing serious criminal charges.
In some cases, a conviction may count as a strike under California’s Three-Strikes Law. In all cases, speaking with an attorney before speaking with authorities is the best bet for protecting your rights.
Our Southern California Criminal Defense Team represents defendants in North Justice Center, Harbor Justice Center, Central Justice Center, Van Nuys Court, Temple Street Court and in courts throughout Southern California.
If you are facing assault and battery charges in Southern California, or a charge of domestic violence or assault with a deadly weapon, contact The Southern California Criminal Defense Team to discuss your rights.
Orange County Criminal Defense – 888-529-2188