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Assault Law: Defenses and Possible Sentences | Jake Brower, Attorney At Law |Criminal Lawyer | Criminal Defense |DUI Defense Attorney |Felony Arrests |3-Strike Cases |Santa Ana, Orange County, CA

Battery Charge

  • Assault Law: Defenses and Possible Sentences

    Posted Mar 4th, 2014 By in Battery Charge, Criminal Law With | Comments Off on Assault Law: Defenses and Possible Sentences

    Convictions for assault charges in California can vary greatly depending on several factors including: the defendant’s past criminal history and the severity of the alleged crime. ¬†Therefore, if you have been accused of assault consulting a legal professional is recommended. ¬†Below are some highlights of California’s assault and battery laws:

    California state laws allow a prosecutor to pursue charges of aggravated assault or aggravated battery in the most serious cases. The prosecutor must show an “aggravating circumstance” to elevate the charges against the defendant. For example, use of a deadly weapon is often considered an aggravating circumstance that can elevate a charge to aggravated assault or aggravated battery. Another example of aggravated assault is assault with the intent to commit a felony such as murder or rape.

    Consent to the act or activity
    Defense of another person
    Defense of a home or personal property

    For a simple assault, the Penal Code sets a maximum fine of $1,000, a maximum sentence of imprisonment in county jail for six months, or both. The penalties can increase to $2,000 or one year of imprisonment, however, if the victim of the crime is one of the persons specified by the Penal Code, such as an on-duty peace officer, or if the crime happens in a specified location such as a school or public park.

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Jake Brower Criminal Defense Attorney, DUI Lawyer, Felony Arrests, 3-Strike Cases, Criminal Law, Drunk Driving Lawyer, Los Angeles, Orange, Anaheim, Corona del Mar, Costa Mesa, Irvine, Huntington Beach, Long Beach, Mission Viejo, Aliso Viejo, Lake Forest, Rancho Santa Margarita,Santa Ana, Newport Beach, Newport Coast, Laguna Beach, Laguna Niguel, Riverside, San Diego, Ventura, Beverly Hills, Hollywood,Oceanside, San Clemente, Carlsbad, Dana Point, Seal Beach, Long Beach, 1043 Civic Center Drive West, #200, Santa Ana CA 92703