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Step 1: The ArrestDon’t let the police take advantage of you while you’re in custody. Call Walsh Law right away, and we’ll get to work protecting your rights so you don’t inadvertently self-incriminate. -
Step 2: The ArraignmentWalsh Law is an aggressive Folsom criminal defense firm that can argue for reasonable bail and help you await the end of your case from the comfort of your home.
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Step 3: Pre-Trial HearingsWe’ll evaluate the prosecution’s case, challenge weak evidence and inconsistencies, and do our due diligence to get the charges against you reduced or dropped.
Folsom Assault and Battery Lawyers
Rely on Our Experience to Fight Assault and Battery Charges
Assault and battery charges can change your life. No one thinks it will happen to them, but whether you were acting in self-defense or made a mistake and escalated a disagreement, you need a defense attorney to keep one isolated incident from defining your future.
Chris Walsh is a former prosecutor who is ready to put his years of experience to work for you. If you are facing assault and battery charges, don’t hesitate to reach out to Walsh Law for capable criminal defense representation.
Assault and battery charges are extremely serious, so do not wait to get legal advice. Schedule a free initial consultation by contacting us online or calling (916) 610-3558 today.
How Assault and Battery Charges Work in California
Although assault and battery are similar offenses and often charged together, there are differences that could affect the potential consequences you face. It’s also important to understand the distinction between misdemeanor and felony charges in assault and battery cases.
Some assault and battery charges are “wobblers,” meaning they can be charged as either misdemeanors or felonies depending on the circumstances and the severity of the allegations. Our Folsom assault and battery lawyers can make sure you fully understand the charges against you and explain your legal options. We are also prepared to fight for reduced charges when possible.
Simple Assault
Assault (California Penal Code Section 240) under California law is an unlawful attempt to intentionally harm someone. Note that actually hurting someone isn’t necessary to be charged with assault. Doing anything that may inflict harm or lead someone to believe they’ll be imminently harmed can be considered assault, even if no one is physically hurt because of your actions.
Simple Battery
Battery (California Penal Code Section 242) is the willful and unlawful use of force or violence against another person. It is the actual touching of another person in a harmful manner, such as striking or shoving someone.
Simple battery without any aggravating factors is typically charged as a misdemeanor. However, the severity of the potential punishments can increase if the battery was against a public service worker, healthcare provider, or an elderly or disabled adult.
Felony Assault
Assault charges can become “aggravated” and elevated to the felony level if someone was seriously injured or died in the alleged incident. Using a deadly weapon, such as a firearm, or even just possessing one during the assault can also result in higher “assault with a deadly weapon” charges. In addition, assault on a public official, such as a law enforcement officer or firefighter, comes with increased penalties.
Penalties for Assault and Battery in California
The consequences you could face for assault and battery charges can vary widely. It all depends on whether someone was hurt (and how badly), if you possessed or used a weapon, and who was involved in the incident.
Simple Assault and Battery
A conviction for simple assault can bring the following penalties:
- Up to six months in jail
- A maximum fine of $1,000
- Probation up to six months
The penalties for a simple battery conviction can lead to:
- Up to six months in jail
- A maximum fine of $2,000
- Probation up to six months
Felony Assault and Battery
Felony aggravated assault can lead to up to four years in prison and thousands of dollars in fines. If you’ve been previously convicted of a violent or serious felony, California’s “three strikes” law means you will likely face substantially higher sentencing. If you are convicted of three violent or serious felonies, you could face 25 years to life in prison.
Facing these penalties can be overwhelming, but do not give up. You likely have paths available to fight the charges with the help of a seasoned criminal defense lawyer.
Why Should I Hire a Criminal Defense Lawyer When Charged with Assault or Battery?
Assault and battery charges can get complicated, especially if there’s conflicting evidence or inconsistent stories. But if the incident ended up with you facing charges, what matters is mitigating the consequences you could face and working to get your case resolved or dismissed.
Folsom Assault and Battery Attorney Chris Walsh has handled complex cases like yours and resolved many of them to his clients’ satisfaction. Chris has the experience and know-how to analyze the charges you’re up against, anticipate the other side’s claims, and develop the right defense strategy to fit the circumstances. He has first-hand experience with Folsom’s criminal justice system and a reputation for being a formidable prosecutor turned defender.
Values You Can Relate To
Client Testimonials
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“I am always able to get ahold of him directly either by cell or text including after hours and if for some reason he isn’t immediately available, he responds as soon as he can.”- Melissa C.
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“He was compassionate and explained to me what to expect in an easy way for me to understand. He was straightforward and delivered on what he said he could do for me!”- Claudia H.
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“I was in a bit of a situation and public defenders weren’t doing anything to help my case as if they didn’t have time. Which they don’t, but Chris Walsh did and came up with a few methods to fight my case.”- Dewan P.
