Assault and battery are frequently mentioned together as if they are
one crime. While the two crimes do go hand in hand, pursuant to
California law, they are different offenses. Assault occurs when a
person intentionally physically attacks another or threatens to cause
harm through physical force. To rise to the level of assault, the threat
must create such fear in the victim that it is perceived to be
authentic, imminent, and well-founded enough that the person who makes
the threat is perceived to likely follow through with the threat. No
actual physical harm is required or physical contact made for assault to
be accomplished. Battery, on the other hand, occurs when a person
intentionally makes physical contact with another and is responsible for
either striking another or causing some object to strike another
against that person’s will.
If you are arrested in an assault or battery incident, representation
by an experienced Los Angeles assault attorney is a necessity. People
who suffer bodily harm as the result of a violent incident or the threat
of physical harm are typically aggressive in the pursuit of justice as
such an incident is both emotionally devastating and traumatic.
Consequently, pursuing a criminal, and sometimes a civil, lawsuit
against the perceived perpetrator of an assault and/or battery may prove
to be cathartic-an argument not easily dismissed.
What Is and What Is Not an Assault
While most of us think of an assault or battery as a crime of
opportunity that occurs between strangers, most assault and battery
crimes occur in familiar places and involve familiar perpetrators. Most
often taking place at work, at home, and in vehicles, these types of
altercations often involve domestic violence, sexual assaults and
reckless motor vehicle operation. Usually defined by what an assault
and/or battery is, most allegations can be best defined as what an
assault or battery is not. For instance the following situations are not
considered to be assaults or batteries.
Every assault and battery is a matter of degree. Your Los Angeles
attorney is your best resource for determining if your situation rises
to the level of a crime of assault or battery. Consequently, for your
Los Angeles assault attorney to effectively represent you, you must
openly discuss the event that led to your arrest and provide all
details, good or bad, so your attorney can craft a solid strategic
defense for you.
One of the most important decisions you’ll make
if you are charged with assault or battery in Los Angeles, is who your
Los Angeles assault attorney will be. Having the right attorney who is
capable of earning your trust and assessing your case objectively will
prove to be your greatest asset when your case goes to trial. While
early representation is important when it comes to any criminal charge,
you’ll want to take your time choosing a Los Angeles assault attorney to
represent you. After all, it’s your future and your freedom at stake.