Assault and Battery Oakland Criminal Defense Lawyers
There is often a lot of confusion surrounding a charge of assault and/or battery. While many people are charged with both, the truth is that these are two separate charges. Assault, Penal Code 240, is an action that could cause harm or an unwanted touch on a person. Battery, Penal Code 242, is the actual force, infliction, force, or harm on the person. While they are very similar in their definitions, there are slight yet distinct differences. You can find some specific examples in the video below. If you are being charged with Assault with a Deadly Weapon, the penalties can be even harsher involving jail or prison
time.
When either of these offenses is committed against specific people such as law enforcement officers, a spouse or roommates, the penalty can change. Even more so if the victim is a vulnerable party, like a minor or elderly person. In addition, if either crime is committed when a weapon other than a hand or
fist is present, the consequences can be severe.
The good news is that there are many possible defenses to these charges, and an experienced Oakland criminal defense lawyer can help you navigate the legal system and protect your rights.
Some possible defenses to assault and battery charges include self-defense, defense of others, and/or property. If you used reasonable force in order to defend yourself or someone else, you may have a valid defense to the charges. In addition, if you were protecting your property from theft or damage, you may also have a viable legal defense.
If you are being charged with Assault with a Deadly Weapon or Battery with a Deadly Weapon, the penalties can be even harsher involving jail or prison time.
A serious bodily injury can result in an aggravated assault charge, which is a felony. The use of a deadly weapon or the infliction of great bodily injury can also lead to increased charges and penalties.
Assault charges can have a major impact on your life, but an experienced Oakland criminal defense lawyer can help you understand the charges against you and develop a strong legal defense. An Oakland criminal defense lawyer can help you navigate the legal system, protect your rights, and explore all possible defenses to the charges against you.
When either of these offenses is committed against specific people such as law enforcement officers, a spouse or roommates, the penalty can change. Even more so if the victim is a vulnerable party, like a minor or elderly person. In addition, if either crime is committed when a weapon other than a hand or fist is present, the consequences can be severe.
Expungement After an Assault & Battery Case
You may also be able to expunge or seal your criminal record once the charges have been resolved. This process can help you move forward with your life and clear your record of the charge. An experienced Oakland criminal defense attorney can assist you in pursuing an expungement and will provide knowledgeable guidance throughout the process.
We are across the street from Glenn Dyer jail, and have the experience to guide you through the expungement process. We can advise you on your legal rights, help you determine if expungement is a viable option for your case, and provide effective representation throughout your petition for expungement.
Consult with an Oakland Assault and Battery Attorney Today
If you have been accused or arrested for either assault, battery, or both, it is important to speak to a skilled criminal defense attorney to see what defenses may be available to you. This will ensure that all of the aspects of your case are explored, giving you the best chance of no jail or prison time. If you were arrested in Santa Rita jail, our firm has extensive experience in representing individuals accused of assault and battery. We know the intricacies of the legal process, what to expect during a trial, and how to handle police officers or other law enforcement agencies who may be involved in your case.
Contact the Lamano Law Office today and discuss your case with an experienced criminal defense attorney.