What is assault & battery
Assault entails purposefully making someone believe they are in danger of intentional and imminent physical harm. Battery is actually carrying out actions to intentionally cause physical harm. These actions do not necessarily need to result in injury for charges to be filed.
There are many categories of assault such as the following:
- Simple Assault
- Assault with a Deadly Weapon
- Sexual Assault
Depending on the specifics of what took place, the crime may be a misdemeanor or a felony. Penalties can include community service, fines, and jail time. In more serious cases, a prison sentence of up to 10 years may result. With your name, record and future at stake, it is vital you obtain the help of a qualified Las Vegas criminal defense attorney as soon as possible.
Helping Juveniles Who Have Been Arrested
Assault and battery are cases that frequently involved juveniles. If your child has been charged with any type of assault offense, it is important to seek the help of a juvenile crime lawyer in order to successfully resolve the charges. In certain cases, an assault will be charged as a misdemeanor. However, many circumstances such as use of a deadly weapon, assault against a school employee, and others can result in felony charges.
As the results of the trial can greatly affect your child’s future, it is important to have a lawyer who is familiar with the prosecuting attorneys, law enforcement officers, and judges who work in the juvenile system. Cases involving minors are unique and a dismissal can occur at any step in the process. At our firm, we always work to get charges dropped before they ever come to trial.
Legal Representation & Your Defense
At Okabe & Haushalter, our invaluable familiarity with assault and battery cases means there is much we can do to attempt to achieve a positive outcome for your case. First, we will review your entire case—including the prosecution’s evidence against you and work from there to outline a strategic course of action. We will conduct our own thorough investigation, which may include interviewing witnesses and law enforcement personnel. Our efforts will be to locate facts or evidences which may be used in your defense.
Convictions depend on establishing certain factors, without which the prosecution cannot prove guilt. For assault, the intent of the accused must be proven, along with the awareness of the alleged victim that the assault was occurring. This means that if threats are made without a victim being affected, assault has not occurred. Similarly, battery requires intent be proven along with the use of force which is actually unlawful. We will attempt to cast at least a reasonable doubt upon these factors and so protect your freedom. We can fight to protect your future.
Please contact an assault and battery lawyer for help defending your freedom!
Penalties for Assault & Battery
Though assault and battery may be individual crimes, the penalties are quite similar.
- Simple assault and battery carry county jails sentences up to 6 months with fines of $1,000. Community service and completion of a batterers’ program are also required.
- Aggravated battery occurs when a person causes serious injury. When a misdemeanor, the offender may face 1 year in a county jail with fines of $1,000. When a felony, state prison sentences up to 4 years are possible with up to $10,000 in fines.
- Assault with a deadly weapon carries a sentence of up to 4 years and a $10,000 fine with additional penalties such as weapon confiscation and payment of victim restitution.
Depending on the specifics, assault and battery may be considered a felony; as such, it counts as a strike against you per California’s “Three Strike Law.” This rule requires doubling of the required sentence for a second felony offense and a sentence of 25 years to life for a third felony offense.
When Assault Becomes Domestic Violence
Assault against a cohabitant, sexual partner, spouse, ex-spouse, dating partner, or the other parent of your child has considered a violent crime of domestic violence even though no injury occurred. A charge of assault in a domestic situation does not mean the alleged victim was even touched. As defined in California Penal Code 240, assault involves the possibility of injury, along with having the ability and intent to commit an act which is likely to result in the application of force to another. An unsuccessful attempt to injure another would be charged as assault.
Protecting Your Rights & Reputation
Assault and battery charges are difficult to prosecute because the legitimacy of the case depends on unstable factors like the victims’ motivation or the inability of a witness to accurately recall the event. Okabe & Haushalter has worked for years to provide clients throughout Las Vegas with the high-quality representation that is necessary to turn back assault and battery charges. Our firm can work hard to prove your innocence and will not shy away from a courtroom challenge.
Contact our legal team for help fighting against serious consequences of conviction.