Assault & Battery
Battery is the unlawful application of force to the person of another which results in either bodily injury or “offensive touching”. Simple battery can be charged as a misdemeanor but can be elevated to aggravated battery, a felony, depending on the amount of injury that results, whether the victim was a woman or a child or a police officer, and whether a deadly weapon was used.
Assault is an attempt to commit battery, which intentionally creates a reasonable apprehension of imminent bodily harm in the mind of the victim. It must be more than mere words. Where a deadly weapon is used, or an intent to rape or maim is expressed, aggravated assault may be charged.
A first time simple battery, with little or no injury, is a misdemeanor that can be punished by up to six months in county jail, thousands of dollars in fines and probation. However, if a battery is committed against a police officer or state employee, or serious bodily injury is a result of the battery, the accused may be charged with a felony, and penalties can include up to four years in prison and fines that exceed $10,000.00, and may be charged with a "strike" under California's "Three Strike" laws.
Punishment for an assault or battery can be enhanced if it is charged as an act of domestic violence.
If you have been charged with an assault, a successful and proven defense is necessary to establish the unreasonableness of the imminent bodily harm perceived by the witness. Skilled evaluation of witness statements and cross examination is essential to your defense.
If you have been charged with a battery, a number of factors must be evaluated by a skilled lawyer, including the witness accounts, physical and medical evidence, video recordings, and prior criminal records. Again, cross-examination of witnesses and a complete evaluation of the evidence is essential to your defense.
If you, a family member or friend has been charged with an assault or battery, early representation is the key to a successful defense. At the Law Offices of Benjamin Zicherman, I have the experience, resources and sophistication to defend your rights. Contact me immediately for your free consultation.