Law Firm Defending the Rights of Those Accused of Assault and Battery in Long Beach
- Attorney Jerry Nicholson, one of the best criminal defense lawyers in Long Beach according to client reviews, has nearly 40 years of legal experience.
- Our award winning law firm will provide you with honest advice so you thoroughly understand your legal options.
- Our attorneys are aggressive in the courtroom when it comes to defending your rights and fighting for justice.
- Having a lawyer is crucial if you have been charged with a crime, especially a lawyer from one of the top law firms in Long Beach.
California criminal law takes a serious stance toward assault and battery crimes, imposing harsh penalties that can include jail time, prison time and serious fines. Some offenses even qualify as a “strike” (relative to California’s “three strike law).
An assault and battery case can arise in many different situations. Some cases involve self defense, while others involve an emotionally-driven spur of the moment act. Whatever the case, it’s vital that you trust your case to an experienced Long Beach violent crimes lawyer with The Law Offices of Jerry Nicholson.
Our Southern California law firm handles many different cases involving assault, which is defined as “the unlawful attempt to violently injure another person.” Battery is defined in California as the “unwanted touching or striking of another person, or anything connected to that person.” Battery is a willful violent act, which causes physical harm. Threats to commit injury and attempts to physically injure someone are also considered crimes.
If you or a loved one are facing assault and battery charges in Southern California, including Los Angeles, Riverside, Ventura and Long Beach, contact the criminal defense attorneys with The Law Offices of Jerry Nicholson to discuss your case in a fully confidential consultation session. Call our office at 562-434-8916 for the legal resources and help you need.
What Are the Penalties for Assault and Battery Crimes in California?
An assault and battery case can arise in many circumstances, from a domestic dispute, to a spur of the moment fight between strangers, to a calculated, premeditated act of violence involving a dangerous or deadly weapon.
Some assault and battery cases are charged as misdemeanors, while others are charged as felonies. Some of the most serious felony charges can qualify as a “strike.” This means that any subsequent sentences will be more severe than if you had no criminal record.
For instance, a convicted felon with a prior strike may face a double prison sentence for any future strike convictions.
The consequences are many and varied, including:
- A county jail sentence;
- A state prison sentence;
- A permanent criminal record with a violent crime;
- Significant monetary fines;
- Probation or parole;
- Mandatory enrollment in anger management classes;
- The loss of your right to possess firearms; and
- A lifetime revocation of your California Driver’s license.
Any conditions which make the assault and striking worse, called enhancements, will increase the eventual punishment.
Additionally, it’s also possible that you could suffer other challenges, such as difficulty securing a job or a rental property due to background checks.
Due to the serious nature of these potential consequences – especially in cases involving a possible “strike” – it’s essential that you trust your defense to an experienced assault lawyer with The Law Offices of Jerry Nicholson. Our objective is to eliminate and/or minimize any adverse effects, penalties and consequences arising from your case.
Our legal team can also craft a strategic defense to the charges, which can include an act of self-defense (or an act of defense to protect another person), a non-willful act or in the case of battery on a child, it could be argued that you were acting within your rights to reasonably discipline your child. Each defense strategy is developed based upon the unique facts in your case.
It’s best to seek representation from a top attorney in your area as soon as possible after an arrest. Find an attorney who knows the legal process well, and can help you from the moment after an arrest all the way through the court appearances. Contact The Law Offices of Jerry Nicholson for a fully confidential consultation session with a criminal defense lawyer by calling 562-434-8916.
Assault and Battery Statutes in Long Beach, California
Under California law, the following statutes apply to the various assault and battery-related crimes. It’s important to distinguish between assault and battery. Per Penal Code 240, assault is an attempt to use force on another person, while battery involves the actual use of force against another person.
- Under Penal Code 240, simple assault is an an unlawful attempt (coupled with the capability) to commit a violent injury against another person. This is a misdemeanor offense.
- Under Penal Code 242, simple battery entails the willful and unlawful use of force or violence against another person. It can be charged as either felony or misdemeanor. Notably, the act of force, touching or contact can be indirect, or by causing another person to touch the victim.
- Under Penal Code 243.4 PC, sexual battery refers to the touching of another person’s intimate parts for the purpose of sexual gratification, arousal or abuse. It may be charged as a misdemeanor or felony. Felony sexual battery charges typically arise in cases involving unlawful restraint, a victim who is disabled, institutionalized or incapacitated or a case where the victim was forced to touch the intimate parts of another person. Felony charges can also result if the victim is fraudulently convinced the contact is necessary (i.e. due to medical or therapeutic purposes.) A conviction on this offense can include a requirement to register as a sex offender.
- Under Penal Code 243(b) and 243(c) PC, battery on a peace/police officer involves willfully and unlawfully touching an officer or other protected official (such as an EMT, probation officer or firefighter) in a harmful or offensive manner while the officer is engaged in the performance of his or her duties.
- Under Penal Code 245(a)(1) PC, assault with a deadly weapon entails the commission of an assault upon another person using a deadly weapon or instrument using means of force that is likely to cause great bodily injury (GBI) to the victim. This offense can be charged as a misdemeanor or as a felony. If a vehicle is used as a deadly weapon, the penalty can include a lifetime revocation of your driving privileges. Also, a conviction for this offense may be considered a “Strike” under California’s Three Strikes Law.
- Under Penal Code 245(a)(2) PC, assault with a firearm is defined as an attack upon another person using a gun. This charge may be prosecuted as a misdemeanor or as a felony, depending upon the specifics of the case. Cases involving a “generic” gun may be charged as misdemeanors, while cases involving a machine gun, semi-automatic firearm, assault weapon or .50 BMG rifle are always charged as a felony.
- Under Penal Code 243(e)(1) PC and 273.5, domestic battery entails the corporal or bodily injury to a family member, in some cases, resulting in a traumatic condition. domestic violence and include a violent act against a spouse, fiance, child, co-habitant, the parent of your child, or a current or former spouse, girlfriend or boyfriend. The prosecutor may charge the defendant under Penal Code 243(d) if the defendant inflicted “serious bodily injury” upon the victim – a greater degree of injury than referenced in the prior penal code.
- Under Penal Code 203 and 205 PC, mayhem involves disabling or disfiguring a victim’s body, including depriving them of a limb or other body part, disfiguring or “rendering useless” a body part, cutting or disabling the victim’s tongue, poking out a victim’s eye, or slitting a victim’s nose, ear, lip or tongue. Mayhem is charged as a felony.
- Under Penal Code 206, torture involves the inflicting of cruel and extreme pain or suffering by inflicting bodily injury.
Our lawyers have years of experience defending local clients in cases involving drug crimes, DUI, sex crimes, and theft, among others. If you are facing an assault or battery charge in the Southern California community, including Los Angeles County, Riverside, Ventura and Long Beach, contact the criminal defense attorneys with The Law Offices of Jerry Nicholson to discuss your case in a fully confidential, no-cost consultation session. Call 562-434-8916 or fill out the form on this website to speak with a criminal defense attorney about your legal options.