Assault & Battery Lawyer Huntington Beach Orange County

Assault & Battery Lawyer Huntington Beach 

Facing assault and battery charges in Huntington Beach can severely impact your record. Assault involves a threat of dangerous contact or an act that leads to such a threat, while battery refers to the actual physical act that causes harm. If convicted of assault or battery, you could face up to 25 years in prison, depending on the specifics of the case. Discover how an assault and battery lawyer in Huntington Beach can assist you.

Dod Law Defends Your Rights When Facing Assault and Battery Charges in Huntington Beach | Orange County

 Dod Law, located in Santa Ana, Orange County, Downtown San Diego, and Vista California, offers the courtroom experience and negotiation skills you need if facing assault and battery charges. With 20 years of practice, Attorney Dod Ghassemkhani has handled over 6,500 criminal cases. As a leading criminal defense attorney, he has a strong track record of securing acquittals for his clients.

What Defines Assault and Battery under California Law?

While the terms “assault” and “battery” are often used interchangeably, they are distinct charges with different penalties. Regardless of which crime you are charged with, it’s crucial to promptly hire a Huntington Beach assault attorney to defend your reputation and protect your legal rights.

Assault
Under California Penal Code 240, assault is defined as an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Essentially, assault in California involves actions that could lead to battery. For instance, pointing a gun at someone to make them believe they are about to be harmed constitutes assault.

Battery
Battery, defined under California Penal Code 242, involves any willful and unlawful use of force or violence upon another person. While one can commit assault without committing battery, battery cannot occur without an initial assault. This is because assault involves the threat of physical harm combined with the ability to inflict that harm, whereas battery involves the actual infliction of injury.

In summary, assault is an attempted battery, and battery is a completed assault. The key difference is that bodily contact is necessary to be found guilty of battery.

What Scenarios Leads to Assault & Battery Charges in Huntington Beach

Huntington Beach can have a lot of bar fights.  The following scenarios can lead to assault and battery charge.

An assault charge can occur in various situations, typically involving:

• Intent to harm someone
• Threatening actions or behaviors
• Actions indicating an intent to attack

For example, approaching someone with raised fists or attempting a physical attack can be considered assault.

Battery, on the other hand, involves physical contact and can include:

• Using force against another person
• Aggressive, violent actions
• Striking someone with an object

This can involve deliberately hitting someone with an object or fists, shoving, or tripping another individual. Any of these scenarios, whether assault or battery, require the representation of an effective and aggressive criminal defense lawyer.

What Are the Elements to Convict Assault in Huntington Beach?

Facing criminal accusations of assault in Huntington Beach is a daunting experience that no one would willingly choose. With 20 years of experience, the Huntington Beach assault attorney at Dod Law has represented clients charged with assault throughout California. He understands that you likely have many questions and need reliable advice from an experienced criminal defense lawyer. If you are accused of assault, battery, or both, consult a seasoned criminal defense attorney today.

To be found guilty of criminal assault under California law, the prosecution must prove beyond a reasonable doubt the following four elements:

• You acted in a way that would likely result directly in the application of force to someone else.
• You acted intentionally.
• When you acted, you were aware of facts that would lead a reasonable person to believe that your act would directly and probably result in the application of force to that person.
• When you acted, you had the ability to apply unlawful force.

The term “application of force” refers to any harmful or offensive touching. Even the slightest touch can be considered assault if done in an offensive or rude manner. In Huntington Beach and across California, assault can occur even if the touching involved could not cause any real injury.

Felony Assault and Battery Charges in Huntington Beach, CA

In California, felony assault and battery charges are more severe than simple assault and battery, which is typically classified as a misdemeanor involving minor injury or threats of violence. Felony assault and battery may include:

• Striking someone with a dangerous object
• Shooting at or threatening to kill someone with a gun
• Causing serious physical injuries to a victim

If you’re facing assault and battery charges in Huntington Beach, it’s crucial to seek out a qualified and reliable criminal defense attorney to handle your case. To be acquitted of these charges, you must prove that you acted in self-defense, had consent for physical contact, were protecting others or property, or used reasonable force in a specific context. California prosecutes assault and battery cases rigorously, making competent legal representation essential.

What Are Potential Penalties for Assault in Huntington Beach?

If convicted of misdemeanor assault in Huntington Beach, you may face:

• Up to six months in jail
• Fines of up to $1,000
• Mandatory participation in a batterer’s course or community service

Charges involving a dangerous weapon, such as a firearm, can result in increased fines and jail time. Additionally, if the victim is a professional such as a law enforcement officer, firefighter, or paramedic, you may face heightened penalties.

For felony or aggravated assault convictions in California, the Three Strikes law applies. If this is your third strike, you could be sentenced to 25 years or more in prison.

What Are Legal Defense Strategies against a California Assault Charge?

 If you’re facing assault charges in Huntington Beach, you may have several defenses available:

• Self-Defense or Defense of Others: If you can prove that your actions were necessary to protect yourself or someone else from immediate harm, it might result in the dismissal of the charges.
• Lack of Intent: You can argue that any contact was accidental. For instance, if you did not intend to hit the person and were unaware of their presence, this could be a defense.
• Inability to Inflict Harm: Showing that you lacked the capability to cause harm or violence to the alleged victim can be a valid defense.
• False Accusation: If you can demonstrate that the charges are false, this may also be a defense.

It’s important to work with a skilled Orange County assault attorney to build an effective defense strategy for your case.

Contact an Experienced Criminal Defense Lawyer for a Free Consultation

At Dod Law, serving Orange County, Downtown San Diego and Vista California, Attorney Dod brings a wealth of experience and a strong record of success to every case. In a notable case, Attorney Dod defended a client charged with assault after a stabbing that occurred in self-defense. His thorough preparation and effective presentation convinced the jury of his client’s self-defense claim, leading to a “not guilty” verdict. This victory allowed his client to continue his nursing career without serving time in custody.  Dod Law is an experienced assault and battery Lawyer in Huntington Beach

For a free consultation with our expert legal team, call us at:

• Orange County office: 949-681-7020 
• San Diego office: (619) 814-5110
• Vista office: 760-814-6025

You can also schedule an appointment by filling out our online contact form.