Assault & Battery Lawyer in Victorville
Tenacious Criminal Defense Lawyer Fighting for Your Rights
At Law Office of Heather Hinton, our Victorville assault and battery lawyer is passionate about fighting for our clients and has the knowledge to succeed. If you have been charged with assault or battery, we can aggressively defend your rights in the criminal justice system.
Distinguishing Between Assault & Battery
Although the words assault and battery are often used together or even interchangeably, in California, they refer to two separate crimes. While assault is generally defined as the threat of violence, battery involves any unwanted or violent touching.
To put it differently, assault is an action that may cause someone physical harm, and battery is the actual commission of the violent or forceful act against another person. More simply, assault is the attempt to commit battery.
Penalties for Assault in Victorville
In California, assault charges are divided into two main categories: simple assault and aggravated assault (sometimes called felonious assault). Simple assault penalties are enhanced when the crime is committed against a healthcare provider or public worker who is performing their duties. Also, assaults that are wobblers (charged as either misdemeanors or felonies) have a higher maximum penalty.
Assault is prosecuted as felonious assault when there are certain aggravating factors that make the crime more severe. For example, if when someone commits assault with a deadly weapon, a firearm, or caustic chemicals, the charge can be upgraded to aggravated assault. Certain circumstances could even increase the charges to murder accusations.
An individual who is convicted with simple assault faces several potential penalties, including:
- Simple assault: Maximum fine of $1,000, up to 6 months in jail, and no more than 6 months of probation
- Simple assault against a public worker or healthcare provider: Maximum fine of $2,000, up to 1 year in jail, and probation for no longer than a year
- Wobbler assault: Maximum fine of $2,000, up to 1 year in jail or 3 years for offenders with a criminal history, and up to 1 – 3 years of probation
The Punishment for Battery in California
Battery is punished according to four different levels of the offense, including:
- Simple battery: Fines of up to $2,000, up to 6 months in jail, and 6 months of probation
- Battery against a public worker or healthcare provider: Fines of up to $2,000, up to 1 year in jail, and no more than a year of probation
- Wobbler battery charged as a felony: Fines of up to $2,000, up to 3 years in prison, and probation up to 3 years
- Battery against a law enforcement officer: Fines of up to $10,000, up to 3 years in jail, and a maximum of 3 years of probation
Can an Assault Charge be Dropped?
Assault charges can not be dropped because these cases are filed by the government. Victims of assault do not have any recourse once charges have been filed and a trial has been initiated unless they decide to assist the opposing counsel. Criminal charges filed against an individual are not done so in court by a victim of these criminal actions. When charges for assault or domestic violence arise, many victims feel the need to ensure the charges are dropped. Because the charges are filed with the prosecutor through law enforcement, it is often too late to stop the case from proceeding forward. The decision to drop charges or stop the case is entirely with the prosecuting lawyer. In order to stop the case from proceeding at any point, the prosecutor may consider other evidence in the case and the strength of the case with or without the victim’s contribution.
Call Today for Reliable Legal Counsel
With so much at stake, you cannot afford to be without strategic legal representation. When you turn to Law Office of Heather Hinton, we can use our knowledge and skills to protect your rights and fight to secure the outcome that you deserve.
Whether it is in the courtroom or at the negotiation table, Heather Hinton will advise on the best approach based on your unique situation.
Every case has its own intricate facts that Heather Hinton will carefully review in order to provide targeted legal advice for your legal matter.
Heather Hinton works with clients one-on-one so they can gain the full and unimpeded benefit of her legal experience and knowledge.