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Assault and Battery Charges in Nevada County

Many people refer to assault and battery as one offense. While they are similar and may be charged together, there are differences in these crimes that determine the penalties that you may face.

When reviewing these charges, you should also understand the difference between misdemeanors, felonies, and wobblers. Misdemeanors are a lesser crime commonly used for nonviolent and first-time offenders. Felonies are the most serious type of crime. Wobblers, on the other hand, are offenses that fall in between. The prosecutor can decide whether they charge wobblers as misdemeanors or felonies, depending on the facts of the case. Your assault and battery attorney can help you understand the charges against you.

Simple Assault Charges

In California, simple assault, as defined by California Penal Code Section 240 PC, is the unlawful attempt, with the present ability, to commit a violent injury to another person. This means that even if you don’t actually touch or harm the other person, you can be charged with assault. Simple assault is typically a misdemeanor offense.

Simple Battery Charges

In California, simple battery, defined by California Penal Code Section 242 PC, involves any unlawful and willful use of force or violence against another person. It differs from assault in that battery requires actual physical contact, while assault is just the attempt or threat of harm.

Without aggravating factors, battery is a misdemeanor. However, if the violence was against a public service worker, healthcare provider, or an elderly or disabled adult, then the penalties can be more severe.

Felony Assault Charges

In California, felony assault encompasses various situations where an assault charge carries more severe penalties than a simple misdemeanor. A felony charge for assault may include:

  • Assault with a deadly weapon (ADW) (California Penal Code Section 245(a)(1) PC)
  • Serious bodily injury (California Penal Code Section 243(d) PC)
  • Aggravating circumstances (assault on police officers, domestic partners, elderly individuals, or transit employees) (California Penal Code Section 241, 243, 245 PC)
  • Hate crimes motivated by race, religion, sexual orientation, or other protected characteristics (California Penal Code Section 422.7 PC)

It’s best to work with a felony assault lawyer who understands the Nevada County legal process and can help you navigate the system. Otherwise, you may face the harshest penalties for these crimes.

Penalties for Assault and Battery in Nevada County

Penalties for assault and battery can range widely depending on the facts of the case, your criminal record, and other variables.

Simple Assault and Battery

Although they are lesser offenses, a conviction for misdemeanor assault and battery can result in significant penalties.

A simple assault can result in the following penalties:

  • Incarceration in county jail for up to six months
  • Fines of up to $1,000
  • Probation with community service or counseling

A simple battery can result in the following penalties:

  • Incarceration in county jail for up to six months
  • Fines of up to $2,000
  • Probation with community service or counseling

Wobbler Assault and Battery

Wobbler offenses may be charged as misdemeanors or felonies. They typically have more serious penalties, which may include:

  • Incarceration of up to one year in county jail
  • Fines of up to $2,000
  • Probation between one and three years

You can fight the charges against you with the help of a Nevada County assault defense lawyer.

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Why Hire a Nevada County Assault & Battery Lawyer?

Hiring a Nevada County assault and battery defense lawyer can be crucial in navigating the legal complexities and potential consequences of your charges. There is often conflicting evidence and inconsistent stories. An assault charge attorney can determine exactly what happened and work to get your case dismissed or negotiate the lowest penalties possible.

Defense attorney Chris Walsh handles assault charges in California and resolves them to his clients’ satisfaction. He has the courtroom experience and understanding of California assault laws that allow him to negotiate with the prosecution and get the best outcome possible.

Walsh Law will honestly communicate with you about your assault and battery case to explain your charges and potential consequences. Then, we will do whatever is possible to reach a desirable conclusion.

Defending Against Assault and Battery Charges in Nevada County

Every assault and battery case needs a unique strategy to defend against the prosecution’s allegations. The lawyers for assault and battery at Walsh Law will develop a creative defense and aggressively fight for your rights to get a positive outcome.

We may use some of the following defenses in your case:

  • Self-defense: If you have reasonable belief of imminent harm, then you are legally permitted to use reasonable and proportional force against a threat to yourself, your family, or others.
  • Defense of property: In California, you are permitted to use force to protect your property or belongings.
  • Lack of intent: If you did not intend to harm the alleged victim, then you can assert that the incident was a mistake or accident.
  • Consent: If the alleged victim consented to the contact, then you should not be convicted of assault or battery.

Can an alleged victim drop charges?

The prosecution, who represents the state of California, is responsible for pressing and continuing with charges against you. However, an alleged victim can refuse to cooperate. If the alleged victim does not testify against you, the prosecution may not have enough evidence to go forward with a case and they may dismiss your charges.

Do I need a lawyer for a simple assault misdemeanor charge?

Although a simple assault misdemeanor charge is typically the lowest level of assault offenses, it can still result in jail time and other serious penalties. It is best to work with a simple assault lawyer who understands the consequences you are facing and can protect your rights.

What should I do if I am arrested for assault and battery?

If you are arrested, remain calm and do not speak with the police beyond confirming your identity and stating that you want to remain silent. Request an attorney right away. Cooperate with the police but do not answer their questions. They will use any statements you make against you.

Violent offenses like assault and battery are taken seriously by Nevada County prosecutors. They often seek harsh penalties, even for first-time offenders. California assault and battery attorney Chris Walsh knows how to negotiate with prosecutors and fight back against their allegations. He used to be a prosecutor, and now he uses his knowledge to defend people who have been accused.

Call Walsh Law at (530) 499-0645 to schedule a free initial consultation as soon as possible and get our legal team working on your case.

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