Assault and Battery Attorney
"Assault and battery is a serious charge, make sure you have the best legal representation possible to protect you." Ken Lewis, Los Angeles Criminal Defense Attorney
Being charged with assault and battery, or any of its related crimes, can expose you to a wide variety of serious punishments. Not only are the factual circumstances important, but the law itself can be quite complex. Experienced counsel is a must in these situations. Ken Lewis has over 34 years experience in dealing with assault and battery cases, and all related types of cases.
The Crime of Assault
Assault in an attempted battery, i.e. the unlawful attempt to hurt another person. Making a physical threat, with the present ability to carry it out, would be considered an assault. Pointing a gun at some one and threatening to shoot them is a common form of assault. Even without any physical contact, i.e. the gun is not fired, the pointing of the gun coupled with a threat to use it would constitute an assault. The use of guns, knifes or other dangerous weapons is considered an aggravated assault, and carries higher punishment.
The Crime of Battery
Battery is the unlawful, non-consensual touching of one person by another that results in harmful or offensive contact. Even a simple touching on the arm can be considered a battery if the recipient of the touching did not consent to it, and it was done in an offensive manner. A battery can be accomplished by any number of possible means, such as hitting with a bat, fist, rock, or with anything that causes an offensive contact to the body of another person.
Different types of Assault
There are numerous subspecies of assault that are defined separately under the law. They relate to the type of assault inflicted, such as sexual, domestic violence, the use of firearms, or other deadly weapons.
Assault with a Deadly Weapon
When a serious weapon, other than a firearm, is used to assault someone, it is an assault with a deadly weapon. Typical weapons used in an assault with a deadly weapon would be a baseball bat, knife, or brass knuckles.
Assault with a Firearm
This is assault by means of a rifle or gun. It is considered a very serious offense under the law and carries severe punishment.
The Crime of Sexual Assault
Sexual contact between persons where one person has not consented is considered sexual assault. Sexual contact between adults and minors is considered especially repugnant and carries very severe penalties.
The Crime of Domestic Violence
Physical injury to a spouse, family member, domestic partner or a person with whom there has been a dating relationship is considered domestic violence. This is considered a serious form of assault.
Other Crimes of Violence Related to Assault and Battery
Crimes of violence related to assault and battery include "mayhem", which is disfiguring another person such as cutting off their ear. "Torture" is an extreme form of physical attack on another person.
Punishments for assault and battery type crimes depend on the seriousness of the crime and injuries received by the victim, as well as the type of weapon used. They can be either misdemeanors (i.e. less serious charges) or felonies (the most serious types of charges). Some can be charged as either one, which is up to the district attorney. These are so-called "wobblers". Probation may be available for the least serious crimes, but unavailable for the most serious ones. Jail for up to one year or prison for a minimum of 16 months may be part of the sentence. Community service, house arrest, and anger management classes may be possible if an experienced lawyer is on the case. Probation for jail sentences and parole for prison sentences are normally required.
What should I do if I am accused or charged with an assault or battery crime?
First, do not speak to the police without having an experienced attorney by your side. The police are not your friends in these types of situations and will often try to twist your words in order to obtain a confession or advantage against you. The job of the police is to solve crimes, and that sometimes means innocent people are prosecuted.
An experienced and skillful lawyer like Attorney Kenneth H. Lewis can handle an assault and battery charge, or any other charge. With over 34 years of experience as an attorney, he has successfully handled hundreds of criminal cases that others thought were hopeless.