Tuesday, May 14, 2013

Got Into A Fight? Charged With Assault & Battery - NOW WHAT? (PC 240 & PC 242)

Got Into A Fight - Charged With Assault & Battery - NOW WHAT? (PC 240 & PC 242)


Assaults can be filed as either a felony or a misdemeanor in California.  Assaults filed as felonies generally involve serious bodily injury and/or the use of a dangerous weapon (guns, knives, etc.).  In addition, your vehicle may be considered a dangerous weapon depending on the surrounding facts and circumstances of your case.  If no weapons were involved and there was no injury sustained to the victim, it's possible the assault will be filed as a misdemeanor and not a felony
involving dangerous weapons such as guns and knives.  Battery is closely related, but not identical, to assault in California. The crime of battery (Penal Code 242) can also be charged as either a felony or a misdemeanor

Understand that being charged with assault and battery does not mean you are guilty in the eyes of the law.  There may not be sufficient evidence to convict you and send you to jail.  There are numerous defenses to assault and battery that may apply to help avoid a criminal conviction.

Wallin & Klarich - California Assault and Battery Defense Law Firm



No comments:

Post a Comment