If you are looking for information about an arrest for assualt and battery call our lawyer today for answers.
Assault and Battery Defense Lawyer in Burbank
BURBANK CRIMINAL DEFENSE
Local Law Office
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
The crime of assault and battery is actually comprised of two separate
offenses under the California Penal Code.  Each offense can either be a
misdemeanor or a felony depending upon the injury involved and the
relationship of the alleged victim to the perpetrator and whether the
victim is in a protected class of persons.  The District Attorney can also
charge various "enhancements" such as one involving great bodily
injury, which is a "strike".  A Lawyer can help explain the differences
between the many crimes and the defenses available.  The following is a
summary of the more common types of these offenses:

Penal Code § 240. Assault defined
An assault is an unlawful attempt, coupled with a present ability, to
commit a violent injury on the person of another.

Penal Code § 242. Battery defined
A battery is any willful and unlawful use of force or violence upon the
person of another.

Battery  is committed whenever there is the slightest intentional
touching, even though there is no intent to harm, and even though the
degree of force used is unlikely to cause harm. Since the crime does not
require an intention to do any act that would be judged to be evil by
generally accepted community standards of morality, battery is not a
crime of moral turpitude, for purposes of determining whether it may be
used for impeachment, even though it may unintentionally result in
serious bodily injury.

When a battery is committed against the person of a peace officer,
custodial officer, firefighter, emergency medical technician, lifeguard,
process server, traffic officer, code enforcement officer, or animal
control officer engaged in the performance of his or her duties, whether
on or off duty, including when the peace officer is in a police uniform and
is concurrently performing the duties required of him or her as a peace
officer while also employed in a private capacity as a part–time or casual
private security guard or patrolman, or a nonsworn employee of a
probation department engaged in the performance of his or her duties,
whether on or off duty, or a physician or nurse engaged in rendering
emergency medical care outside a hospital, clinic, or other health care
facility, and the person committing the offense knows or reasonably
should know that the victim is a police officer, custodial officer,
firefighter, emergency medical technician, lifeguard, process server,
traffic officer, code enforcement officer, or animal control officer
engaged in the performance of his or her duties, nonsworn employee of a
probation department, or a physician or nurse engaged in rendering
emergency medical care, the battery is a felony punishable by a  base
fine not exceeding two thousand dollars ($2,000), or by imprisonment in
a county jail not exceeding one year, or by both that fine and
imprisonment.

The Burbank City Prosecutor will usually file all misdemeanor charges,
while the Los Angeles District Attorney file all felony counts. Our office
defends both felonies and misdemeanors.  Defenses range from self
defense to misidentification and our Los Angeles Criminal defense
Attorneys have experience in getting these charges dismissed in Court.

The crimes of both assault and battery are serious in that they
can be punished by jail.  If you or someone you know has
been arrested or charged with either of these two offenses, call
us today for a free consultation regarding your rights,
defenses and possible options to try and get the charges
dismissed.
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