Torrance Assault and Battery Lawyer

Defending Against Assault and Battery Charges in Los Angeles County

While “assault and battery” is a commonly-heard phrase, assault and battery are separate crimes. As in other states, California assault and battery laws are found in criminal as well as civil law (where it is considered an “intentional tort”). The elements of both civil assault and civil battery are very similar to the elements of criminal assault and battery, discussed in more detail below.

Understanding these distinctions is crucial for anyone accused of such violations. The element of intent is significant in differentiating the two, with assault focusing on the attempt and battery on the completion of harm. Our firm provides clarity to clients by breaking down these complex legal nuances, ensuring they are fully informed of their rights and the legal standards applied in their case.

As a Board Certified Criminal Law Specialist, Pat Carey knows what you are up against and is here to fight for you and protect your rights. We understand how serious these charges can be and are ready to provide the aggressive representation you need.

Have you been arrested for assault or battery? Call the Law Offices of J. Patrick Carey today at (310) 695-1118 or contact us online to schedule a consultation with our Torrance assault attorney.

California Assault and Battery Laws

California’s assault and battery laws can be found in Chapter 9 of the California Penal Code.

What is Assault?

The California Penal Code defines assault as an “unlawful attempt” to cause a “violent injury on the person of another” — assault is often described as an attempt to commit a battery. A prosecutor must show that the defendant intended to commit a battery and had the “present ability” to do so, but does not need to show that physical contact actually occurred.

Understanding the implications of an assault charge extends beyond its legal definition. For the accused, misconceptions about what constitutes an assault can be daunting. It's crucial for defendants to comprehend that verbal threats alone, if paired with a capacity to inflict harm, could lead to assault charges. In our defense strategy, we meticulously evaluate witness testimonies and evidence to challenge the prosecution’s claims effectively.

What is Battery?

Battery describes force or violence used against another person. A prosecutor must show that the defendant willfully made contact with another person. The Penal Code establishes varying degrees of severity for a battery. While Section 242 of the Penal Code sets the basic elements of a battery, a prosecutor can also use Section 243(d) when the victim suffered a “serious bodily injury.” 

It’s important to note the broad spectrum of actions that could lead to a battery charge. Even slight contact, if offensive or harmful, could suffice under California law. In defending against such charges, detailed investigation into the context and nature of the alleged contact is vital. Our proactive defense aims to dismantle exaggerated claims of injury or intent, providing a robust challenge against unwarranted accusations.

In addition, the Penal Code includes specific code sections regarding battery against specified persons such as peace officers, police officers, firefighters, emergency response technicians, school employees, and others. The Penal Code also establishes separate laws regarding battery in the context of domestic violence.

Aggravating Circumstances for Assault and Battery Charges

The type of criminal charge depends on the severity of the battery and the circumstances surrounding the crime. 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.

Understanding aggravating circumstances is pivotal as they significantly impact the penalties a defendant might face. These circumstances can include a wide range of factors such as the severity of harm intended, any premeditation, or the defendant's criminal history. At Law Offices of J. Patrick Carey, our detailed approach involves examining every aspect of the alleged circumstances to challenge any mischaracterization by the prosecution.

Protecting Your Rights with an Assault Attorney Torrance

When facing assault and battery charges, it's crucial to have a knowledgeable and experienced attorney on your side to protect your rights and build a strong defense. At Law Offices of J. Patrick Carey, our Torrance assault lawyers are dedicated to providing aggressive representation for our clients in Los Angeles County. We understand the complexities of California assault and battery laws and will work tirelessly to achieve the best possible outcome for your case.

Our legal team can assist with:

• Investigating the circumstances surrounding the alleged assault and battery
• Gathering evidence to support your defense
• Negotiating with prosecutors for reduced charges or penalties
• Representing you in court and advocating for your innocence

Don't navigate the legal system alone. Contact us today for a confidential consultation to discuss your assault and battery case.

Our legal approach is holistic, encompassing every angle of your defense strategy. From day one, we focus on a detailed investigation that includes reviewing all evidence, interviewing witnesses, and preparing tactical motions aimed at suppressing improperly obtained evidence. This rigorous preparation ensures we are ready to counteract any prosecutorial methods and argue persuasively on your behalf in court.

Assault and Battery Penalties and Sentences in California

The penalties and sentencing for a defendant convicted of assault or battery depend on the severity of the crime, any aggravating circumstances, and the defendant’s past criminal history.

Simple Assault Penalties

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 occurs in a specified location, such as a school or public park.

Simple Battery Penalties 

For a simple battery, the Penal Code sets a maximum fine of $2,000, a maximum term of imprisonment for six months in county jail, or both. The term of imprisonment can increase to one year based on the circumstances of the crime; for example, the sentence can increase if the victim was one of the types of persons specified by the Penal Code or if the defendant engaged in domestic violence. 

Navigating penalties involves more than understanding fines or jail terms; the impact on one’s life and future can be profound. Beyond criminal penalties, individuals may face challenges like loss of employment, professional license penalties, or immigration consequences. It is critical to address these potential outcomes through a comprehensive defense plan. Law Offices of J. Patrick Carey can provide guidance and strategy, emphasizing rehabilitation or mitigation where appropriate to present the accused in the best possible light.

Battery Resulting in Serious Bodily Injury Penalties

For a battery resulting in serious bodily injury, California law permits felony sentencing according to Section 1170 of the Penal Code. Sentencing through Section 1170 can result in a term of imprisonment for two, three, four years, or for another term, depending on the criteria under the section. In addition, prior felony convictions may lead to increased penalties for a new conviction.

Defense Strategies by Torrance Assault Lawyer

In the state of California, there are several potential defenses against assault and battery charges that may be considered, depending on the specific circumstances surrounding the case. Some common defenses can include:

• Consent to the act or activity
• Self-defense
• Defense of another person
• Defense of a home or personal property

It’s important to note that the availability and success of these defenses will be dependent on the specific facts and evidence of the case. If you are facing these charges in Torrance, work with a skilled assault and battery attorney such as J. Patrick Carey, who can evaluate your situation and develop the most effective defense strategy for your case.

Defending against assault and battery charges requires a nuanced understanding of the law and effective presentation of evidence. At Law Offices of J. Patrick Carey, we conduct thorough interviews with clients to uncover all pertinent details and construct strong, fact-based defenses. Whether disproving the prosecution's narrative or highlighting evidential inconsistencies, our goal is to provide rigorous advocacy.

Contact the Law Offices of J. Patrick Carey today to get started on your defense with our Torrance assault attorney. Give us a call at (310) 695-1118. 

Frequently Asked Questions from Our Torrance Assault Attorney

What Should I Do If I Am Arrested for Assault in Torrance?

In the event of an arrest for assault in Torrance, it is crucial to remain calm and understand your rights. First and foremost, exercise your right to remain silent and avoid making any statements without an attorney present. Contact Law Offices of J. Patrick Carey as soon as possible to secure legal representation. An arrest does not equate to guilt, and with the right legal counsel, you can prepare a robust defense. Our firm will guide you through each step of the legal process, ensuring your rights are protected and exploring all possible defense strategies to mitigate the consequences you may face.

How Does the Assault Legal Process Work in Torrance?

The legal process for assault charges in Torrance begins with an arrest followed by an arraignment, where you'll be formally charged and asked to enter a plea. This is typically followed by pretrial motions and hearings, where your attorney can argue for reduced charges or dismissal of evidence. If the case proceeds to trial, both sides will present evidence and arguments before a judge or jury. Throughout this process, having experienced legal representation like Law Offices of J. Patrick Carey can make a significant difference, as we work to challenge the prosecution's evidence and advocate for your innocence.

What Are Typical Defenses for Assault & Battery in Torrance?

Common defenses against assault and battery charges in Torrance might include self-defense, defense of others, and lack of intent. Each defense is highly dependent on the specific circumstances of the alleged incident. At Law Offices of J. Patrick Carey, we carefully scrutinize the evidence and facts to determine the most effective defense strategy. By exploring inconsistencies in the prosecution’s case or demonstrating lawful justification for the alleged actions, we aim to achieve the best possible outcome for our clients.

Can Assault Charges Be Reduced or Dismissed in Torrance?

Yes, assault charges in Torrance can potentially be reduced or dismissed with competent legal advocacy. Factors such as lack of evidence, procedural errors by law enforcement, or compelling defenses like self-defense can influence case outcomes. Partnering with skilled attorneys like those at Law Offices of J. Patrick Carey enhances the opportunity for favorable resolutions by highlighting prosecutorial weaknesses and negotiating strategically with prosecutors.

How Severe Are the Penalties for Assault & Battery in Torrance?

The penalties for assault and battery in Torrance vary based on the nature of the offense and any aggravating factors. Simple assault can carry penalties including fines and jail time, whereas aggravated assault, involving a weapon or severe injury, can result in harsher sentences. Our team at Law Offices of J. Patrick Carey explains these potential penalties in detail during consultations, emphasizing the importance of a defense strategy tailored to mitigate the specific risks of your situation.

Consult Our Assault Attorney in Torrance Today

If you have been accused of assault or battery in Los Angeles County, it is crucial to consult with a skilled defense attorney who can protect your rights and aggressively defend your case. At the Law Offices of J. Patrick Carey, we will work on challenging the prosecution's evidence, exploring all possible defenses, and striving to achieve the best possible outcome for you. We are dedicated to protecting your rights, preserving your reputation, and minimizing the possible consequences you may face. We understand the serious implications of assault and battery charges and the impact they can have on your life. Let our assault attorney in Torrance stand by your side and fight for you. Contact the Law Offices of J. Patrick Carey today to request a consultation.

Through dedicated representation and continuous communication, we aim to alleviate the stress associated with legal proceedings. Our commitment extends beyond legal defense; we provide clients with information and support throughout their journey, ensuring they feel empowered and informed at every stage. Let our experienced team help you navigate these difficult times with confidence and a strategic approach.

Assault and Battery-Related Crimes:

• Simple Assault
• Battery Causing Serious Bodily Injury
• By Means Likely to Produce Great Bodily Injury
• Simple Battery
• Assault with a Deadly Weapon
• Great Bodily Injury

Contact the Law Offices of J. Patrick Carey today to get started on your defense with our Torrance assault attorney. Give us a call at (310) 695-1118.