Assault: California Penal Code Section 240 defines assault as an unlawful attempt, combined with a present ability, to commit a violent injury to another person. A prosecutor must prove:
• you acted willfully in a manner that would likely result in the application of force to another
• you were aware that your willful act would likely result in the application of force upon a person
• when you willfully acted you had the actual ability to apply force to that person and,
• your willful act was not a result of self defense or in defense of others
The penalty for this kind of crime can range from expensive fines to actual jail time, which is why it is essential that you have the right criminal defense attorney representing you.
Battery: California Penal Code Section 242 defines battery as the willful and unlawful use of force or violence upon another person. A prosecutor must prove:
• you willfully
• used force or violence
• upon another person
• your willful act was not a result of self defense, defense of others, or consented to
Battery can be filed as either a misdemeanor or a felony depending on the extent of a person’s injuries. An incident in which serious bodily injury is inflicted upon a person will fall under California Penal Code 243(d) and is known as aggravated battery; a felony which can result in up to 4 years in California State Prison, a $10,000 fine, and a strike on your criminal record pursuant to California’s three strikes law.
Let Us Help You
There are tens of thousands of defense attorneys in California, yet less than 400 are State Bar Certified Criminal Law Specialists. Senior Partner, Vu Trinh, is a member of this elite group. At The Law Offices of Trinh & Bettencourt, our team of attorneys will exhaust every possible defense in our effort to obtain a favorable result in your case.
While helping you fight your charges we address every possible strategic avenue. This will help save you time, money, and energy. We also understand that there are times when there is no other option but to go to court, and when that happens, we go in to win.
Call The Law Offices of Trinh & Bettencourt or fill out the form to your right for a consultation today.