Vista Assault and Battery Attorneys Providing Knowledgeable Legal Guidance
Assault, battery or assault with a deadly weapon charges in California can be felonies or misdemeanors and expose you to a number of legal consequences and penalties, including possible strikes under the Three Strikes law if a weapon is used or great bodily injury inflicted.
Christoph Law Offices is located directly across from the Vista Courthouse for 40-plus years, providing people in your exact situation with highly professional and personal representation to achieve the best possible result in your individual case.
Call today for a free consultation: 760-941-5720.
What Is the Difference Between Assault, Battery and Assault with a Deadly Weapon (ADW)?
Assault, battery and ADW are distinct but often overlapping charges in California. Assault refers to an a willful and unlawful act which would probably and directly result in the application of physical force on another and is a felony if it could cause great bodily injury or death, coupled with the present ability to carry it out. Battery is a misdemeanor and is the unlawful application of force, however slight, upon the person of another without their consent. Even a minor push or slap may qualify.
Assault with a deadly weapon or force likely to cause great bodily injury (Penal Code § 245) can be charged without any weapon or can also involve using an object capable of causing great bodily injury regardless if there is any injury. The legal system recognizes distinctions between simple assault and aggravated assault, the latter including weapons or serious injury are usually charged as felonies.
What Are the Penalties for Assault and Battery in California?
Penalties depend on the circumstances of the assault, presence of a weapon, level of injury, prior convictions or whether the victim is a protected person (police, health care workers, etc.). Great bodily injury allegations can be added to the charge if the facts support that allegation and can add 3 years in prison to the underlying charge if there is a state prison commitment.
These are some examples of possible outcomes:
- Simple assault (Penal Code § 240): Misdemeanor, up to six months in jail, and/or up to a $1,000 fine
- Battery (Penal Code § 242): Misdemeanor, up to six months in jail.
- Battery causing injury (Penal Code § 243(d)): Up to one year in jail or up to four years in prison if charged as a felony.
- Assault with a deadly weapon or force likely to produce great bodily injury (Penal Code § 245): Up to four years in prison if filed as a felony.
The prosecution often takes a hard stance on assault and battery cases because of the potential harm to others. By contacting a criminal defense attorney as soon as possible, it can reduce your anxiety by helping you understand the charges, defenses, court process and what needs to be done now to ensure the best possible resolution in your case.
What is the Three Strikes Law in California?
California’s Three Strikes law (Penal Code § 667) increases prison time for repeat offenders. A serious or violent felony conviction is a “strike.” You serve 85% of the time on violent Felony strikes. A second strike is mandatory state prison, double the sentence and you serve 80% of the time or 85% if it is a violent second strike. A third strike can be 25 years to life in prison.
Assault with a deadly weapon, battery causing serious injury may count as strikes depending on the facts of the case and the way it is charged. Based on what is at stake, understanding the impact of the law is critical for anyone currently facing assault-related charges. Depending on the case, it may be important to contact the District Attorney’s Office before the first Court date to provide information that may not have been available at the time of arrest which may help in getting the case not filed or filed as a lesser charge. There are also other things that are important and need to be addressed as soon as possible to help in negotiating resolutions in these cases.
Contact The Experienced Attorneys at Christoph Law Offices
Christoph Law Offices draws on the decades of combined experience between attorneys William R. Christoph and Nicholas W. Christoph to provide you with the highest quality of personal defense representation to the charges against you. Christoph Law Offices has defended hundreds of people against charges of assault with a deadly weapon (ADW) or with force likely to produce serious injury, assault with great bodily injury, assault with a firearm, domestic violence and simple battery.
You Can Count on an Honest and Realistic Case Evaluation
The Christophs help clients understand the proceedings, the law, and what needs to be done. Our main goal is to get the best possible result in your case based on your individual situation and the facts. It could be a lesser punishment, a reduced charge or even a dismissal depending on the case. There are many factors that need to be reviewed to get a realistic appraisal of your case and advise you on what needs to be done next.
Even if charges cannot be dismissed and there is no viable defense, the facts, circumstances, and personal background of the individuals involved can be considered in getting charges reduced or sentences lessened. Military personnel and veterans have specific diversion programs for some felonies that may permit a dismissal upon successful completion.
We review every aspect of your case for all possible defenses and mitigating factors that can be important considerations in negotiating a case. Not only are the facts of the case important, but your background and the circumstances can be very important. If a plea is being considered, there may be alternatives to actual custody depending on the case, including mental health treatment programs like anger management, electronic surveillance allowing home detention and work. Many things need to be addressed and reviewed before trying to resolve a case.
Schedule Your Free Initial Consultation Today
Call 760-941-5720 to schedule a free initial consultation with a lawyer from Christoph Law Offices in Vista, California. You can also contact our firm online.
