Assault and Battery in California: Self Defense a Fine Line
I Am Being Charged with Assault and Battery: Do I Really Need A Criminal Lawyer for Assault and Battery Charges?
Unfortunately, California assault and battery crimes not easily defined. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Penal Code 240. A battery is any willful and unlawful use of force or violence upon the person of another. Penal Code 242.
In our modern age where we learn so much information from the internet and television, our perceptions of what is assault, battery, and most importantly self-defense has been skewed. If someone swings and misses and you swing and hit, you may think your actions were in self-defense. However, in the eyes of the criminal justice system, self-defense can be very different. The most common misconception is that you can swing back as many times and with anything you want, since you were attacked first. This is not always the case, and in many cases the District Attorney and the Judge will view what you did as use of "excessive force" that goes above and beyond simply "defending" yourself, which is what the law allows.
Wallin & Klarich has more than 30 years of experience in California criminal law, including Assault and Battery charges. During that time, we have successfully defended thousands of clients facing life-changing criminal charges. Because we know how stressful a criminal charge can be for our clients and their families, we make sure someone in our office is always available to answer your call -- 24 hours a day, seven days a week, 365 days a year. We also have more than 20 offices in Southern California, so we can be wherever you need us most.
If you’re accused of Assault and/or Battery in California, you must be aware that you are facing serious charges that could haunt you for a lifetime. For a free consultation with the experienced Los Angeles battery defense lawyers at Wallin & Klarich, call us today at 1-888-280-6806 or fill out our confidential case evaluation form online.
