call Today! 415-448-7992
call Today! 415-448-7992

Have you been charged with assault & battery?

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.

  • Assault occurs when a person makes threats of force or attempts to cause injury
  • Battery occurs when a person actually causes an injury in another

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.

Penalties for Assault & Battery

Though assault and battery may be individual crimes, the penalties are quite similar.

  • Simple assault and battery carry county jails sentences up to 6 months with fines of $1,000. Community service and completion of a batterers’ program are also required.
  • Aggravated battery occurs when a person causes serious injury. When a misdemeanor, the offender may face 1 year in a county jail with fines of $1,000. When a felony, state prison sentences up to 4 years are possible with up to $10,000 in fines.
  • Assault with a deadly weapon carries a sentence of up to 4 years and a $10,000 fine with additional penalties such as weapon confiscation and payment of victim restitution.

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.

When Assault Becomes Domestic Violence

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.

Protecting Your Rights & Reputation

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.