Assault & Battery Archives

Difference Between Assault and Battery in California Despite the two terms often being used interchangeably, the legal definitions of assault and battery in California differ greatly. These two distinct charges often go hand-in-hand, but they can be charged separately as well. As such, if you find yourself facing one or both, it’s important to understand what each one means to give yourself the best advantage of mounting a successful defense. At Dod Law, APC, our experienced criminal defense attorneys can help you understand the charges against you and build a strong defense. With a strong legal strategy, it is possible to get the charges reduced or even dismissed. In this article, we will examine the difference between these two crimes,…

Are Verbal Threats a Crime in California? Verbal threats can be considered a crime or assault in California. California Penal Code Section 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” A verbal threat alone may constitute an assault if it is threatening enough that it could put a reasonable person in fear of imminent physical harm. At Dod Law, APC, our experienced assault defense attorneys can help you to understand all aspects of assault laws in California, including the defenses available and possible punishments. In this article, we will explore what types of speech are covered under the First Amendment, what constitutes verbal assault, and the…

Californians who are made to feel unsafe or come under attack have the right to fight back and protect themselves from harm. Defending yourself and others from imminent harm is essential to maintain your safety and the safety of those around you. Unfortunately, individuals acting in self-defense may be charged with assault despite the intentions behind their actions. However, self-defense is a valid defense against assault charges and other violent crimes. A trusted criminal defense attorney may be able to help those who acted in self-defense face their assault charges and get back to their daily lives. At Dod Law, APC, our attorneys have 18 years of experience fighting for our clients’ rights and interests and helping them achieve favorable…

Child abuse cases are typically riddled with emotion and stress for all involved. A child’s testimony is one of the components that can sometimes ratchet up the tension in such cases. While implementing this component is meant to bring about a first-person perspective, rarely is this the result. Dod Law is well-versed in the tactics implemented in child abuse cases via a child’s testimony. As a seasoned California child abuse lawyer, Attorney Dod will review your case to determine how much any such testimony might even be relevant.  It is always crucial for lawyers to tread lightly when dealing with a child’s testimony in a child abuse case. They are often more susceptible to the power of suggestion than adults…

Most crimes are categorized by the severity of the action, intention, and result. Assault, battery, and aggravated assault are all types of severe crimes that lead to harsh punishments. These crimes are often charged together, which causes many individuals to use the terms interchangeably. However, all three crimes have very distinct differences that can significantly impact the consequences. Contact a reliable California assault and battery defense attorney immediately if you are accused of committing assault, battery, or aggravated assault within the state. They will be able to explain why your accused crime fits under one of the categories and help create a defense strategy for your case. The sooner you contact someone you trust, the more evidence and information they…

On behalf of Dod Law, APC posted in Assault & Battery on Tuesday, October 1, 2019. California’s criminal justice system has serious flaws that impact defendants all across the state. However, the state legislature recently passed a criminal justice bill aimed at improving criminal justice records and creating methods for courts to easily share important data. Even though it was passed by the state legislature, it will not become law until the governor signs it. In its current state, the state’s criminal justice system has a significant number of data gaps in its criminal history records. According to the recently passed bill AB 1331, these gaps mean that the records are inaccurate and not reliable. This is backed up by…

On behalf of Dod Law, APC posted in Assault & Battery on Friday, August 16, 2019. It is perhaps not that uncommon for California police to arrest people on charges that these individuals do not fully understand. Certain charges are used quite frequently in popular media, including assault and battery, which do not always line up with the reality of how authorities file and pursue these allegations. Defendants who are charged with assault and battery, and are confused about their circumstances, should consider the following. Assault and battery are not one in the same. In general, assault is defined as attempting to harm another person. For example, assault could take place in a situation where a person swings at another…