What is Assault and Battery?

 

Assault and battery offenses are criminal violations in California, based on the Penal Code provisions. Subsequently, facing charges for either or both crimes may result in several legal consequences, including a jail or prison sentence. You could also face additional repercussions depending on the circumstances of each case. As a recently arrested suspect, navigating the criminal procedure by yourself can prove to be quite hectic and challenging. Sometimes, court requirements may be quite technical, making it difficult to satisfy your case presentation. Therefore, consulting a criminal defense attorney can improve your chances of a successful outcome. Through your lawyer's help, you will prepare for trial by gathering evidence, preparing defenses, and negotiating with the prosecutor. At Chula Vista Criminal Attorney, we focus on providing the best criminal defense services to our clients. Over the years, we have developed a thorough approach when handling each case, enabling our team to deliver high-quality results. We are ready to assist anyone facing assault or battery charges in Chula Vista, California.

 

The Nature of Assault

 

Committing assault is a punishable offense that contravenes section 240 of the California Penal Code, leading to various penalties. To understand the nature of the offense, your lawyer will take you through the various elements of crime leading to a charge. Criminal Defense Lawyer. Moreover, you will learn of the various sources of proof that a prosecutor may rely on to persuade the judge that you are guilty. It is important to remember that an assigned prosecutor will preside over your case, as he/she holds the burden of proof. Consequently, the prosecution team works tirelessly to ensure that each element of the crime is well-proven, as any doubts or disparities in the law may lead to your acquittal. Some methods applied by the prosecutor when obtaining evidence can be slightly disadvantageous to you because he/she has the upper arm in partnering with investigation officers. Nonetheless, your defense lawyer will assist in various ways, including sourcing crucial details from your narrative. These sources of information can play a pivotal role in fighting off the discussed elements of crime in assault charges. They include:

 

You Committed an Act that Would Result in Force Application Against the Victim

 

The first element for the prosecutor to prove is that you engaged in an act that would normally result in the infliction of harm against the person on the receiving end. The action often includes violent activities that would elicit a reaction from the targeted person. For example, swinging your arm towards the other person is an act reasonably expected to cause physical force against the victim sdcrimedefense.

 

As a result, the prosecutor will rely on the information surrounding the case facts before presenting the matter in court. These details may come from the aggrieved person, witnesses, or surveillance footage around the premises where the assault occurred. Since the prosecutor must prove that this element was present beyond a reasonable doubt, the sources of evidence play a crucial role throughout the trial. On top of this, the element of crime may apply to a broad set of circumstances. For example, the action that could reasonably result in force exertion does not need to be direct. In most cases, the perpetrator does not need to use a part of his/her body when touching or applying force to the victim. An illustrative instance is when the offender throws an object at the alleged victim, regardless of whether the victim suffered harm. Additionally, you do not have to complete the action against the targeted person, provided he/she became reasonably aware of impending harm. For example, if the thrown object missed the victim, you may still face assault charges. Another important factor included in presenting this element is that the potential application of force should be offensive or dangerous towards the victim. The principle applies despite no real harm against the victim, even if the actual force could not cause danger.

 

You Were Capable of Applying Force Against the Victim

 

Since assault is often known as the ‘incomplete’ form of battery, the main offensive element is invoking fear or potential harm to the victim. Therefore, while you will not cause physical injuries from your actions, the circumstances must be that you were capable of inflicting the actual harm. On top of this, you should know that the victim will reasonably expect the force applied to harm him/her. For example, pretending to hold a weapon against the targeted person may not be assault, primarily because you are incapable of causing any harm to the victim. Nevertheless, the prosecutor may insist on the reasonable apprehension you caused to the victim. Your attorney can rightfully disprove this argument, as you did not pose any real threats.