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Assault and battery are two commonly used phrases and are often intertwined into one charge. However, assault is a very separate accusation from battery. Assault is the apprehension of violence and sometimes can relate directly to physical contact with the other person. If you make a threat towards someone, allowing them to believe that you are going to cause them physical harm, this is considered assault. Assault is usually verbal and puts the victim at fear of imminent contact and battery.
California Penal Code 240
Under California Penal Code 240, assault can be punished with six months in a county jail, a fine of a maximum of $1,000 and you could be forced to do community services and serve probation. Other penalties for being convicted of assault may also be the completion of counseling programs or restraining orders. If handed a restraining order, you may have to change daily things about your life. Restraining orders can limit how you get to work, where you can go to socialize and could sometimes even deter you from seeing friends and family members.
There is a possibility that you have been wrongfully accused of assault. In most instances, no bodily contact need be made with the victim for them to charge you with assault. This can cause confusion and identity mistakes or sometimes can lead the wrong person to be arrested for a crime they did not commit. If you were charged with assault for defending yourself or a helpless individual, you could have the law on your side. Although physical contact was made (battery), you may have threatened to punch someone (assault) because you feared for your life or that of a bystander. That is considered self-defense.
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Sometimes lack of intent or inability to carry out the assault threats can gain you an upper hand in your case as well. Without a proper defense and an experienced attorney, conviction of assault could lead to harsh penalties and large fines. Having an attorney could be the difference between acquittal and jail time, so make sure to contact an attorney today to help defend your freedom.
If you have been charged with assault in Temecula, Murrieta, Wildomar, Menifee, Lake Elsinore, Hemet, Banning Corona, Winchester or Riverside, you need the assistance of an effective and experienced criminal defense attorney.
Call my office immediately to schedule a free consultation directly with me.
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