Assault & Battery

Assault and battery charges can be quite serious, because often times there is an injured party. The charges of assault can be filed as felonies or misdemeanors. Assault and battery charges are often filed together. Assault is the attempt to cause harm to a person; the battery is the actual and intentional hitting or attacking of a person or a contact without the person’s consent. The penalties can include jail, fines and restitution. There can be mitigating circumstances, such as self-defense, defense of others, or accident.

Assault and Battery crimes can be filed as a misdemeanor or felony charge. Even a misdemeanor charge can carry as much as one year in jail, in addition to fines and restitution, as well as a probationary period.

Some assault cases end up being filed as felonies, and because they are serious and/or violent felonies, can constitute a strike offense under California’s Three-Strikes Law. This can result in a subsequent felony criminal matter, even when not serious or violent, resulting in a prison sentence for a considerable period merely due to a prior strike conviction. In the event of two strike prior convictions, the third offense, even one that is not serious or violent, could result in a harsh penalty of twenty five years in prison.

If you are under investigation or currently charged with an assault and battery matter, The Law Offices of Paula Drake will provide you with your best defense in court. Whether your case requires skillful negotiation or creative trial tactics, Criminal Defense Attorney Paula Drake will help you get the best possible outcome.