Although associated with one-another, assault and battery are separate laws; however, in many cases, both charges are levied because they are meant to address the progression of a situation.
Because so much of a charge relies on victim accusations and eyewitnesses, it can be difficult for a prosecutor to be successful. However, a skilled attorney from Okabe & Haushalter may find a measure of success in utilizing a variety of strategies to minimize or eliminate charges entirely.
Though assault and battery may be individual crimes, the penalties are quite similar.
Depending on the specifics, assault and battery may be considered a felony; as such, it counts as a strike against you per California’s “Three Strike Law.” This rule requires doubling of the required sentence for a second felony offense and a sentence of 25 years to life for a third felony offense.
Assault against a cohabitant, sexual partner, spouse, ex-spouse, dating partner, or the other parent of your child has considered a violent crime of domestic violence even though no injury occurred. A charge of assault in a domestic situation does not mean the alleged victim was even touched. As defined in California Penal Code 240, assault involves the possibility of injury, along with having the ability and intent to commit an act which is likely to result in the application of force to another. An unsuccessful attempt to injure another would be charged as assault.
Assault and battery charges are difficult to prosecute because the legitimacy of the case depends on unstable factors like the victims’ motivation or the inability of a witness to accurately recall the event. Okabe & Haushalter has worked for years to provide clients throughout San Francisco with the high-quality representation that is necessary to turn back assault and battery charges. Our firm can work hard to prove your innocence and will not shy away from a courtroom challenge.
Contact our legal team for help fighting against serious consequences of conviction.
