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Assault and Battery in California

Fresno Criminal Defense Attorneys

Assault and battery are serious criminal offenses and if convicted, you can be facing years in jail and steep fines. Additionally, a conviction can potentially hinder your livelihood for years to come, affecting where you may be allowed to work and live. If you have been charged with a violent crime such as assault or battery, it is vital to contact our skilled Fresno criminal defense attorneys. At Wapner Jones, P.C., we understand the stress that comes with being accused of a crime and have helped numerous clients in your situation to beat the charges against them. If you want to know where you stand in your case, do not hesitate to contact our firm today.

Why hire our Fresno criminal defense attorneys?

  • More than 50 years of combined legal experience
  • Inclusion in the National Trial Lawyers: Top 100 in California
  • Former prosecutors in your corner
  • “Superb” Avvo Rating (Attorney Wapner)

Facing criminal charges? Schedule a free consultation to discuss your case with an attorney today.


The Difference between Assault and Battery

Many people are unaware of the distinction between the crimes of assault and battery. In California, assault can occur when an individual threatens physical violence against another person. In this case, assault and refers to the threat of violence, not the physical act itself. This means that you can be facing charges even if no contact or injuries occurred. It is important to note that a threat alone does not constitute assault. Intent to commit violence and the means to carry out a threat must also be present. Depending on the circumstances of the alleged crime, defendants may also be facing heightened charges such as aggravated assault or assault with a deadly weapon.

Battery occurs when an individual knowingly and intentionally strikes and causes injury to another person. For example, if a person intentionally swings a bat at another individual but misses, they may be guilty of assault. If that same person hits the other individual, they may be guilty of battery. Due to the nature of these crimes, it is likely that cases which involve battery will also involve assault charges.

Penalties and Charges in California

Both assault and battery are known as wobbler crimes, which means that they can be charged as either a misdemeanor or a felony depending on the circumstances of the crime. Typically, penalties for simple assault can range from six months to three years in jail and fines of up to $2000. A judge may also assign probationary periods in addition to, or in place of, jail sentences. Those convicted of simple battery can incur similar penalties. Every case will possess unique factors and our attorneys can help you to better understand the punishments you may potentially face.

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Factors which can influence the severity of punishments can include:

  • If the alleged victim was a government employee or health care worker
  • Where the incident took place
  • The severity of inflicted injuries
  • The defendant's past criminal conduct

California Assault and Battery Defense Attorneys

Whether you are facing felony or misdemeanor charges, the first step in protecting your future is contacting our Fresno criminal defense attorneys. At Wapner Jones P.C., we have the skills and knowledge to maximize your chances of a positive outcome. As former prosecutors, our attorneys are acutely aware of how the prosecution is likely to structure the case against you and can prepare a powerful defense accordingly. If you have questions regarding assault and battery, or any other criminal case or investigation, do not hesitate to contact our offices. We take cases from clients all across Madera, Tulare, and Kings Counties.

There is no time to waste. Call (559) 257-4707 and secure award-winning criminal defense.

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DUI Defense Attorneys

Our award-winning team is ready to put 55+ years’ combined experience on your side. Discover what your possible defenses are when you contact Wapner Jones, P.C. for your free case analysis.

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