Assault and Battery Lawyer in Los Angeles
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No one should have to deal with the aftermath of an assault on their own. Choosing the right personal injury attorney for your case can help you obtain the compensation and justice you deserve to help you move forward after the experience.
It’s very important to consult with an experienced attorney who can help you understand what rights you have in your specific situation based on the type of assault or battery you’ve experienced.
4 Main Types of Assault And Battery Crimes in California
California enforces four different assault and battery laws, but the courts still treat each assault and every battery as a serious crime.
In California, there are two distinct assault crimes and two distinct battery crimes:
- Simple Assault
- Assault with a Deadly Weapon
- Simple Battery
- Aggravated Battery
Simple Assault
In California, simple assault is an unlawful threat or attempt to injure or physically harm someone else, combined with the actual ability to follow through on that threat or attempt.
Simple assault is a misdemeanor in California, punishable upon conviction by up to six months in jail and a fine of up to $1,000.
Assault With a Deadly Weapon
Assaults committed with potentially lethal weapons (such as guns and knives), and assaults with sufficient force to cause “great bodily injury” – may be charged as assault with a deadly weapon.
Assault with a deadly weapon is attempting, successfully or unsuccessfully, to injure another person while having the capacity to injure that person with a deadly weapon.
Firing a gun at someone, trying to stab someone, or ordering your dog to attack someone could all be charged as assault with a deadly weapon in Los Angeles.
The charge may be filed whether or not a firearm was discharged or a victim was injured; All that matters is that a deadly weapon was used to make a threat of violence.
Assault with a deadly weapon may be prosecuted as a felony or as a misdemeanor in California, depending on the specific details of the alleged crime. The use of an assault weapon or a machine gun increases the penalty to as much as twelve years.
If the victim of any assault with a deadly weapon is a police officer or a firefighter performing his or her duties, the charge is a felony, and the penalties can be even harsher.
Simple Battery
Simple battery in California is intentionally and forcefully or violently touching another person in an offensive or unwanted way.
Even if you do not cause injury, harm, or pain, you can still be charged with simple battery. All that matters is touching someone who did not want to or consent to being touched.
Keep in mind that assault refers to an intentional “attempt” to use violence or force against someone else, while the battery is the intentional, actual use of violence or force against another person.
A criminal conviction for simple battery – a misdemeanor in California – is punishable by up to six months in jail and/or a fine of up to $2,000.
If you accidentally bump against someone in a crowd or even hit someone with a bulky object you’re carrying unintentionally, then it’s not considered battery; however, if you intentionally injure someone that way; it may be considered negligence and you can be sued for personal injury in a civil court.
Aggravated Battery
The difference between aggravated battery and simple battery in California will depend on whether the victim suffered bodily injury or “serious” bodily injury.
How do these differ? “A significant or substantial physical injury” is the sole definition that state law provides for serious bodily injury. California allows the matter to be settled by juries on a case-by-case basis.
The aggravated battery may be charged as a misdemeanor or as a felony. A felony conviction is punishable by up to four years in prison; a misdemeanor conviction can send someone to jail for a year.
Top-Rated Assault & Battery Attorneys in Los Angeles
If you or someone you know is a victim of assault and/or battery, you should seek legal help from an experienced personal injury attorney as soon as possible to get the justice and compensation you deserve.
Dealing with the aftermath of an assault and/or battery case is not only stressful, but it can also be very difficult to handle without a team of dedicated attorneys on your side.
Our trusted and experienced Los Angeles assault and battery lawyers know what it takes to get the results and the justice you deserve, and will help you every step of the way. Feel free to contact us at the Gutierrez Law Firm at any time with any questions or for help with your assault and battery case.
Contact Our Trusted Lawyers For Your Assault & Battery Case
If you’ve been threatened or injured by someone else, you can empower yourself by seeking financial justice from any injuries or damages that may have resulted from assault and/or battery with the help of a Los Angeles assault lawyer.
For a free initial consultation, and dedicated representation, please feel free to contact us at the Gutierrez Law Firm by phone at (323) 999-3500 or by email at office@gutierrez.legal to discuss your specific case matters.
At the Law Offices of Oscar H. Gutierrez, our team is skilled and knowledgeable in all the complex legal tasks and court procedures needed for a favorable and successful resolution to your case.
With 40+ years of combined litigation experience in handling assault and battery cases for our clients across Los Angeles courts, we’re fully equipped to fight aggressively on your behalf during each step of the legal process—to help you receive the compensation and justice you deserve, so you can focus on what matters—recovering.