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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, how badly, 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 bring:

  • Up to six months in jail
  • A maximum fine of $2,000
  • Probation up to six months

Wobbler Assault and Batteries

If charged at a higher level, wobbler assaults and batteries can have even more serious consequences. Wobbler assaults and batteries can carry as:

  • Up to a year in jail
  • A maximum fine of $2,000
  • One to three years of probation

Facing these penalties can be overwhelming, but know you have paths available to fight the charges with the help of a Folsom assault and battery lawyer.

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Why Hire a Folsom Assault & Battery Lawyer?

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 lawyer 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.

Walsh Law won’t sugarcoat the potential gravity of your situation, but we’ll go to great lengths to reach a desirable outcome, negotiate in your best interest, and fight to clear your name.

Defending Against Assault and Battery Charges

Your case requires a unique defense strategy. The assault and battery lawyers of Walsh Law will get creative and aggressive when it comes to formulating a defense to reach the best outcome in your case.

We may argue one or a combination of:

  • Self-defense: You may use force to defend yourself, your family, or others from imminent harm.
  • Defense of property: You may use force to protect your property or belongings.
  • Lack of Intent: You may not have willfully intended to injure or harm the alleged victim.
  • Consent: You cannot be convicted of assault or battery if the victim consented to the contact.

Can the victim drop the charges?

After charges are filed, the prosecution is responsible for pursuing the case against you — even if the victim wants to drop the matter. However, there are exceptions and the victim’s willingness to cooperate can affect how the prosecution handles the case. The victim’s wishes may be considered, but it is ultimately the prosecution’s choice to drop the charges.

Can I be charged with assault if I was defending myself?

Even if you were defending yourself in a fight, you could still be charged with assault and battery. However, self-defense is a valid affirmative defense that could make it difficult for the prosecution to convict you.

Can I be charged with assault even if no one was hurt?

Yes. California law defines assault as an attempt to commit violence against someone, but an actual injury is not required for you to be charged. It’s your intent to attempt injury that can constitute an assault charge. A Folsom assault and battery lawyer can explain the specifics of California criminal law and how it applies to your assault and battery case.

What should I do if I’m arrested for assault and battery?

If you’re arrested, invoke your right to remain silent and contact an assault and battery lawyer as soon as possible. Don’t answer questions from law enforcement without an attorney present. Trying to explain your version of events could only make your situation worse.

Call Walsh Law About Assault & Battery Charges in Folsom

Any alleged offense involving violence is taken seriously by California prosecutors. Folsom assault and battery lawyer Chris Walsh understands this better than anyone because he started his career on the other side of the aisle. Today, he dedicates himself to defending people like you who, by whatever turn of events, wound up facing assault and battery charges.

Calling as soon as you learn of the charges against you can maximize your chances of beating the allegations and putting them behind you. Contact Walsh Law today at 916-237-8270 to schedule an initial consultation.

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