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“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
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.
LAW OFFICES
OF KENNETH H. LEWIS & ASSOCIATES
633 West Fifth Street, 26th Floor
Los Angeles, CA 90071
TELEPHONE: 213-624-4904
E-MAIL: Kenlewis@losangeleslegaldefense.com
FAX: 213-623-7301
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