In California, assault and battery are serious crimes that could lead to complex injuries. When a defendant is charged, the court imposes specific terms for their release from jail. The most common condition is no contact between the defendant and the victim. An assault defense lawyer in Torrance, CA can help defendants build a defense and try to avoid a conviction.
What Is Assault?
It is the willfulness to cause bodily harm by the use of force. The offense is also the threat of bodily harm. Typically, the offense is applied in addition to a battery charge. The court must also rule that the individual could use force to produce bodily harm.
What Is the Penalty for the Crime?
The standard penalty for assault is six months in the county jail and a fine of $1,000. However, if the charge is classified as domestic violence, the penalties are increased to up to one year in jail and a fine of $2,500. The severity of the victim’s injuries determines the exact penalties assigned.
What Are Common Defenses for the Charge?
The defenses used to prevent a conviction include an inability to cause the injuries and self-defense. Other defenses include the claim that the bodily harm wasn’t intentional, or that the defendant was wrongfully accused. An attorney evaluates the case and determines which defense is most suitable for the defendant.
Are Protection Orders Offered?
Yes, if the assault and/or battery charge involved household members, the court issues a protection order. The domestic violence charges require provisions that the defendant must follow until the trial. If the defendant violates the order, additional charges are applied. Each new charge is managed in a separate case, and the penalty for each offense is increased according to the domestic violence classification.
In California, assault and battery charges are increased to a more complex charge if the victim is a family member. The domestic violence charges could present higher penalties and could influence a divorce case. If a protection order is issued, the defendant faces additional charges if they don’t comply with all provisions. Defendants who need legal help can contact an assault defense lawyer in Torrance, CA through Shook & Associates Inc or visit the website today.
