Orange County Assault & Battery Lawyer

Orange County California Assault and Battery Attorney

Assault and Battery Charges

Assault charges and informationAssault charges run the gamut from the least serious crime of disturbing the peace (Penal Code section 415) to the most serious charge of murder (Penal Code section 187). Regardless of the charge, you need an Orange County criminal defense attorney to negotiate your case through the system. The District Attorney's office files charges based on the police report, which is usually only a portion or one-side of the story resulting in incorrect filings or over-charged cases.

You need a criminal defense lawyer who will evaluate all of facts, not only the police report. This may include subpoenaing additional evidence from the police department such as 911 recordings, video or audio recordings, and photos. Witnesses should also be interviewed including possible character witnesses. Ultimately, I will present the strongest set of facts to the District Attorney, Judge and possible jury in order to obtain a dismissal or mutually agreed upon resolution.

Sentence ranges in assault cases vary depending on the type of charge, including whether or not a weapon was used, the accused's background and the alleged victim's background and injury.

The typical misdemeanor filed in an assault case is a violation of Penal Code section 240 (simple assault) or Penal Code section 242 (simple battery). Both carry maximum sentences of six-months in the county jail. Assault and Battery Definition

The more serious assault charge is filed as a violation of Penal Code section 245(a)(1), assault with a deadly weapon, other than a firearm, or by any means of force likely to produce great bodily injury. This may be filed as a felony carrying up to four years in prison or it can be filed as a misdemeanor carrying one year in the county jail. An assault charge of threatening to kill another (a violation of Penal Code section 422) may also be filed as a misdemeanor (one year in jail) or a felony (three years in prison). Agrravated Assault

Assaults may also be filed where there is a child or an elderly victim. Penal Code sections 273a and 273d, willful harm or injury to a child and corporal punishment or injury of child, may be filed as a misdemeanor with a maximum sentence of 6-months jail or as a felony with up to six-years in prison. Of course, the sentence takes into account the actual harm to the child and the accused's prior record. Penal Code section 368, crimes against elder or dependent adults, may be filed as a misdemeanor or felony depending on the conduct and the sentence may either be a maximum of one-year jail for misdemeanor conduct or up to nine-years in prison if the person suffers great bodily injury and is over the age of 70.
Child Abuse Hotline & Preventing Elder Abuse

Other factors considered are whether a firearm was used during the offense, if the person has served a prior prison sentence, whether the person is involved in gangs and if the alleged victim suffered great bodily injury. For example, if a firearm is involved in the offense, the accused could face an additional 1-12 years in prison on top of the underlying charge's sentence (Penal Codes sections 12022, 245, 12021.5). If the person is a member of a street gang, they may face a life sentence (Penal Code section 186.22). Where the alleged victim has suffered great bodily injury, depending on the type of injury and the victim's age, an additional 3, 5, or 6 years in prison in addition to the sentence for the underlying assault charge may be ordered (Penal Code section 12022.7). What the OC DA has to say about Street Gangs

Another consideration is The Three Strikes Law (outlined in Penal Code section 1170.12), which basically states that if the accused has one prior serious felony (Penal Code section 1192.7c) or one prior violent felony (Penal Code section 667.5), and the current charge is a felony (regardless of the nonserious or nonviolent nature of the current offense) the sentence, if convicted, shall be doubled. If the accused has two prior serious or violent felony convictions in their past, the sentence for the current felony charge (regardless of the nonserious or nonviolent nature of the current offense), if convicted, is twenty-five years to life in prison. The Three Strikes Nightmare

Regardless of the charge, the circumstances, and the backgrounds of the accused and the alleged victim, a criminal defense lawyer is needed who understands the law, the sentencing ramifications, and will fight to defend you. I practice exclusively in the criminal defense arena and have been a criminal defense attorney for over fifteen years. I have the ability, with my experience and knowledge, to fight in order to obtain justice for you.

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Many factors will be ignored unless you hire an experienced Assault & Battery attorney.
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J Phone: 949-275-6377