FOR AN AGGRESSIVE DEFENSE AGAINST ANY ASSAULT & BATTERY CHARGE, RELY ON PATRICK S. AGUIRRE
Though assault & battery are often charged together, they are two separate crimes. Assault is threatening someone with physical harm, while battery is the act of inflicting physical harm. Because assault & battery can be charged as either misdemeanors or felonies, it’s important to have an experienced criminal defense attorney on your side if you’ve been accused of either crime.
Assault is the crime of making someone fear that they are about to be physically harmed. You can be charged with assault even if you never actually lay a finger on the victim. Simply making someone believe that you are about to hurt them is enough to be charged with assault.
There are two types of assault: simple assault and aggravated assault. Simple assault is the less serious of the two charges and is typically charged as a misdemeanor. Aggravated assault is a felony charge and is reserved for more serious cases.
Battery is the crime of physically harming someone, even if it does not cause serious injury. Like assault, battery can be charged as either a misdemeanor or a felony. The severity of the charge will depend on the extent of the victim’s injuries.
If you’ve been charged with assault & battery, it’s important to contact an experienced criminal defense attorney as soon as possible. Patrick S. Aguirre is a criminal defense attorney who has successfully defended clients against assault & battery charges for over 20 years. He knows how to build a strong defense and fight for the best possible outcome in your case. If you’re facing assault & battery charges, don’t try to navigate the criminal justice system independently. He knows how to build a strong defense and fight for the best possible outcome in your case. Fortunately, Patrick S. Aguirre can provide an effective and aggressive defense whether you are accused of attempting to physically harm someone (assault) or harming them (battery). Patrick S. Aguirre is a skilled criminal defense attorney who can provide an aggressive defense for clients facing assault & battery charges. If you’re accused of either simple assault or aggravated assault, The Law Offices of Patrick S. Aguirre can help build a strong defense and fight for the best possible outcome in your case.
NO CASE IS TOO BIG OR TOO SMALL
You may be surprised to discover that not all assault & battery cases involve knock-down, drag-out fights and serious injuries. In fact, you can face criminal charges for actions as seemingly minor as shoving or spitting. That’s true – many times, a battery charge is for a much less serious incident. However, even a “minor” battery charge can carry significant penalties, including jail time and large fines. If you’ve been charged with battery, it’s important to speak with an experienced criminal defense attorney right away.
But remember: no case is too big or too small to merit Patrick S. Aguirre’s expert attention. No matter what the situation, Patrick S. Aguirre is here to help you. He has successfully represented clients in a wide variety of cases, from simple assault to capital murder. Whatever your legal needs may be, Patrick S. Aguirre will fight for you tooth and nail to get you the best possible outcome. Because he truly cares about your rights and your future, he will work diligently to protect you from an undeserved conviction or an unfair punishment for any type of charge, such as:
- Simple Assault
- Assault with a Deadly Weapon
- Simple Battery
- Battery Causing Serious Injury
- Battery on a Peace Officer
- Domestic Battery
WHAT OTHER OPTIONS ARE THERE FOR MY DEFENSE?
If self-defense does not apply to your case, Patrick S. Aguirre can certainly help you explore other options. He is a knowledgeable and experienced criminal defense lawyer who will work tirelessly to get the best possible outcome for your situation. Some other possible defenses to consider are:
- You were falsely accused
- The police used excessive force
- The police entrapped you
- The evidence against you is circumstantial
- There was a mistake of fact
- You acted under duress or necessity
- An affirmative defense specific to your charges
He may be able to get the charges dropped for insufficient evidence, develop an alternative strategy for defending you at trial, or secure a favorable plea deal that exposes you to the least possible penalty. Whatever the situation, you can trust that Patrick S. Aguirre will tenaciously fight for your rights and interests.
Now You May Wonder…
…WHAT IF I ACTED IN SELF-DEFENSE?
If you are charged with assault & battery, self-defense can be a valid defense. Self-defense is when a person uses force to protect themselves from an attacker. It is important to speak with an experienced criminal defense attorney to learn more about your specific case and what defenses may be available.
It can be difficult to prove self-defense, so it is important to speak with an attorney as soon as possible to discuss your options and begin building a defense. Patrick S. Aguirre is intimately familiar with this defense. To use self-defense as a defense against assault & battery charges, he can help investigate your case to see if the following facts can be proven:
- You reasonably believed there was an imminent danger of bodily harm
- You reasonably believed that the immediate use of force was necessary to defend against the danger
- You did not use more force than the situation called for
If Patrick S. Aguirre can show that you meet all of the requirements for self-defense, he may be able to convince the DA to drop the charges against you. This includes proving that you reasonably believed there was an imminent danger of bodily harm and that you used no more force than was necessary to defend yourself.
If the DA decides to move forward with the charges, Patrick S. Aguirre will be prepared to fight for you at trial. Having successfully defended numerous clients against assault & battery charges, he knows what it takes to win. But even if the DA is obstinate, don’t worry. Patrick S. Aguirre is an excellent trial attorney with a 93 percent success rate, and you can trust him to present a compelling argument in your case.
CALL NOW TO SCHEDULE A CONSULTATION
If you want advice about an assault & battery case, please call our office to schedule a consultation. Our attorneys are experienced in this area of law and can help you understand your options and what you can expect from the legal process. We can also help you determine if you have a valid claim and, if so, what damages you may be entitled to recover.
No two assault & battery cases are exactly alike, so it is important to have an experienced attorney on your side who can help you navigate the legal process and protect your rights. Contact our office today to learn more. Please call us at 800-572-1252 now. We’ll set up an initial consultation so you can learn more about how Patrick S. Aguirre can help as your assault & battery defense attorney.
Call 800-572-1252 to receive a Free Consultation today
Frequently Asked Questions
Assault is the act of threatening someone with violence, while battery is the act of actually hitting or touching someone in a harmful or offensive way. The two crimes are often charged together, but they can be considered separately.
Assault is a misdemeanor crime in most states, punishable by a fine and/or up-to one year in jail. Battery is usually a felony, punishable by a fine and/or up-to five years in prison.
In some states, assault and battery are considered one crime, while they are two separate crimes in others.
Assault and battery are both serious crimes that can have significant consequences. The consequences of being convicted of assault or battery can be very serious and may include jail time, probation, and/or a fine. In some cases, a conviction may also result in losing your right to possess a firearm.
It is possible to be charged with assault or battery even if you acted in self-defense. However, there may be defenses available to you, depending on the circumstances of your case.
Self-defense is a defense to battery or assault charges in which you claim that you used force against another person to protect yourself from harm. To succeed with this defense, you must show that you reasonably believed that you were in imminent danger of being harmed and that the use of force was necessary to protect yourself.
If you were acting in self-defense but the force you used was excessive, you may still be guilty of a crime. For example, if you reasonably believe that you are about to be harmed, but you use deadly force when non-deadly force would have sufficed, you may be guilty of manslaughter.
Depending on the circumstances, you may also be able to claim self-defense if you were defending someone else. To succeed with this defense, you must show that the other person reasonably believed they were in imminent danger of being harmed and that the use of force was necessary to protect them.
Yes, you can be charged with assault or battery even if you were involved in a fight. However, it is important to note that you may be able to assert self-defense as a defense to the charges.
Under California law, assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Alternatively, any unlawful threat or offensive touching causes someone reasonably to fear imminent bodily harm.
Battery is the completion of an assault–the actual infliction of unlawful force or violence upon another person.
So, if you get into a fight with someone and hit them, you can be charged with both assault and battery. And, if the other person is seriously injured, you may be facing more serious charges, like aggravated assault or felony battery.
However, even if you are charged with assault or battery, you may be able to assert self-defense as a defense to the charges.
Under California law, you can use force in self-defense only if you reasonably believe that you are in imminent danger of bodily harm and use no more force than is necessary to defend yourself.
So, if you were involved in a fight but only used the amount of force necessary to defend yourself, you may be able to assert self-defense as a defense against an assault or battery charge.
Of course, whether or not you can assert self-defense will depend on your case’s specific facts and circumstances.
If you were arrested for assault or battery, you should consult with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you, the potential penalties, and your best defenses.
If you face assault or battery charges, it is important to understand the difference between the two crimes. Assault is defined as an attempt to physically harm another person, while battery is the actual physical contact with another person. In many states, assault and battery are considered separate offenses.
Assault and battery are serious crimes resulting in jail time, fines, and a criminal record. If you are convicted of either crime, you may have difficulty finding employment, renting an apartment, or obtaining a loan.
If you were the victim of assault or battery, you should contact the police and/or seek medical attention. You also may want to speak with an attorney to discuss your legal options and whether you have a civil case against your attacker.
If you are the victim of assault or battery, you have several options. You can contact the police and/or seek medical attention. You also may want to speak with an attorney to discuss your legal options and whether you have a civil case against your attacker.
Assault is defined as an attempt to physically injure someone, while battery is the actual physical injury inflicted on someone. Both are criminal offenses, and you have the right to pursue charges against your attacker. In addition, you may also have a civil case against your attacker. A civil case allows you to seek monetary damages for your injuries.
If you have been the victim of assault or battery, you must contact an experienced criminal defense attorney. An attorney can help you understand your legal rights and options and can assist you in filing a criminal complaint or civil lawsuit against the person who harmed you.
If your case was dismissed, the prosecutor either decided not to pursue the case, or there wasn’t enough evidence to prove that you committed a crime. This is not an indication of your innocence or guilt, and it may still be on your criminal record. If you want to clear your record, you’ll need to file for an expungement.
If your case was dismissed without prejudice, it means that the prosecutor may still pursue the charges against you at a later time. The limitations will determine how long the prosecutor has to file new charges. If the statute of limitations has expired, the prosecutor will not be able to file new charges against you.
If your case was dismissed with prejudice, the prosecutor will not be able to file new charges against you. This is the case’s final disposition, and your record will be cleared.
It’s important to understand the difference between a dismissal and an acquittal. A dismissal means that the charges against you were dropped, while an acquittal means that you were found not guilty of the charges against you. An acquittal is a final determination of your innocence, while a dismissal is not.
If you were found not guilty of assault or battery, the prosecutor could not prove your guilt beyond a reasonable doubt. This is a determination of your innocence, and the case is over. Your record will be cleared, and you will not have to go to jail. You may still have to pay court fines, however.
If you were found not guilty because of insanity, the prosecutor proved that you committed the act but that you were not responsible for your actions because you were insane at the time. You will likely be sent to a mental health facility instead of jail.
If you were found not guilty by self-defense, the prosecutor proved that you committed the act but that you were justified because you were defending yourself from an attacker. You will not be sent to jail, but you may have to pay court fines.
Assault and battery are serious crimes that can have a lasting impact on your life. If you have been convicted of either offense, it is important to take action to minimize the damage to your criminal record and protect your future. Some options include requesting a pardon, filing an appeal, or seeking expungement.
A pardon is a formal act of forgiveness from the government that can remove the conviction from your criminal record. To be eligible for a pardon, you must usually have completed your sentence and demonstrated good behavior for a period of time.
An appeal is a legal challenge to your conviction that may result in a new trial. To succeed on an appeal, you must typically show that some error in the original trial resulted in an unfair outcome.
Expungement is a process of sealing your criminal record so that the general public cannot access it. To be eligible for expungement, you must typically have completed your sentence and demonstrated good behavior for some time.
If you have been convicted of assault or battery, it may be possible to clear your criminal record through expungement or sealing. The rules and requirements for expungement and sealing vary from state to state, so it is important to consult with an attorney in your area to see if you qualify.
In general, assault and battery convictions can be expunged or sealed if:
- The conviction is your first and only offense
- You have completed your sentence, including any probation or parole requirements
- You have not been convicted of any other crimes since your assault or battery conviction
If you meet these criteria, you may be able to have your conviction expunged or sealed. Expungement means that your criminal record will be completely erased, and you will not have to disclose the conviction on job applications or other forms.
Sealing means that your criminal record will still exist, but it will be hidden from public view and can only be accessed by law enforcement or court officials.
If you have been convicted of assault or battery, expungement or sealing may be an option. Consult with an experienced criminal defense attorney in your state to learn more about the rules and requirements in your area.
The penalties for assault and battery vary from state to state but can include both jail time and/or fines. The penalties will also depend on the specific facts of your case, such as the severity of the injuries sustained by the victim. In some cases, probation may be an option instead of jail time.
If you are convicted of assault or battery, it will go on your criminal record. This can make it difficult to find a job or housing and limit your travel ability. You may also have to register as a sex offender if the crime was sexually motivated.
If you are facing charges of assault or battery, it is important to have an experienced criminal defense attorney on your side. An attorney can help you understand the charges against you and the possible penalties and can develop a strong defense on your behalf.
The conditions of probation will vary depending on the state in which you are convicted but can include such things as a curfew, regular check-ins with a probation officer, drug testing, anger management classes, and restitution to the victim. If you fail to comply with the conditions of your probation, you may be subject to additional penalties, such as jail time.
Probation can be an excellent opportunity to turn your life around and avoid further penalties, but it is important to take it seriously and comply with the conditions set forth by the court. If you have been convicted of a crime and given probation, talk to an experienced criminal defense attorney in your area to ensure that you understand your rights and obligations.