Best Assault & Battery Lawyers in Bakersfield

About Assault & Battery Law in Bakersfield, United States

Assault and battery are two distinct but closely related criminal offenses under California law, both of which are commonly prosecuted in Bakersfield. Assault generally refers to an unlawful attempt to commit a violent injury on someone else, while battery involves any willful and unlawful use of force or violence upon another person. These offenses can range from simple altercations to more serious incidents involving significant harm or use of weapons. Being accused of either can have serious criminal and civil consequences, affecting your freedom, finances, and future opportunities.

Why You May Need a Lawyer

If you are involved in an assault or battery case in Bakersfield, you might need a lawyer for several reasons. You may be facing criminal charges after being arrested for an altercation, or you could be a victim seeking protection or compensation. Cases often arise from bar fights, domestic disputes, neighborhood or road-rage incidents, sporting events, or misunderstandings that turned physical. Legal representation is crucial for protecting your rights, interpreting complex laws, negotiating with the prosecution, and presenting your side of the story effectively in court. A qualified attorney can also help you understand the potential consequences as well as options for plea bargains, alternative sentencing, or diversion programs if available.

Local Laws Overview

In Bakersfield, assault and battery cases are prosecuted under California Penal Code sections, mainly:

• Penal Code 240: Assault - Defines the crime as an unlawful attempt, coupled with present ability, to commit a violent injury on another person.
• Penal Code 242: Battery - Defines battery as any willful and unlawful use of force or violence upon another person.
• Penal Code 243: Battery with aggravating factors - Enhanced penalties for battery against certain victims (e.g., police officers, domestic partners) or with serious injury.

These laws apply throughout Kern County, including Bakersfield. In most cases, simple assault or battery is charged as a misdemeanor, but it can become a felony if there are aggravating factors such as the use of a deadly weapon, severe injuries, or special victim status. Bakersfield courts, like all California jurisdictions, have the discretion to impose a range of penalties, including jail time, probation, fines, mandatory anger management, and restraining orders. Self-defense, defense of others, and lack of intent are common legal defenses in these cases.

Frequently Asked Questions

What is the difference between assault and battery?

Assault is the attempt or threat to cause harm to someone, while battery is the actual physical contact or use of force. You can be charged with assault even if no physical contact occurs.

Can I be charged with both assault and battery?

Yes, it is possible to be charged with both if you attempt to harm someone and also physically touch them unlawfully.

Are assault and battery always felonies?

No, many assault and battery cases are prosecuted as misdemeanors in Bakersfield, but they can be enhanced to felonies depending on the severity, the victim, and other circumstances.

What are common penalties for assault and battery in Bakersfield?

Penalties can include jail or prison time, probation, community service, fines, mandatory counseling, and criminal protective orders. The specific penalty depends on the facts of your case and your criminal history.

Can I claim self-defense?

Yes, self-defense is a common legal defense in assault and battery cases. You must show that you reasonably believed you were in imminent danger and used only as much force as reasonably necessary.

What should I do if I am arrested for assault or battery?

Remain calm, do not resist arrest, and exercise your right to remain silent. Ask to speak to an attorney before answering any questions from law enforcement.

Do I need a lawyer if I am the victim?

While the district attorney prosecutes criminal cases, victims may want legal counsel for protection orders, understanding their rights, and pursuing civil lawsuits for damages.

Will a conviction stay on my record forever?

An assault or battery conviction will remain on your criminal record, but you may be eligible for expungement or other relief after fulfilling certain conditions. Consult with a lawyer for guidance.

How long do I have to press charges for assault and battery?

Criminal charges are brought by the district attorney, but victims should report incidents as soon as possible. Civil lawsuits for damages generally have a two-year statute of limitations in California.

Are there alternative sentencing options?

Bakersfield courts may offer alternative sentencing such as diversion programs, anger management classes, or probation instead of jail time for certain first-time or non-violent offenders.

Additional Resources

Several local and state resources are available for those dealing with assault and battery issues in Bakersfield:

• Kern County Superior Court - for case information and legal forms
• Kern County Public Defender's Office - for legal representation if you cannot afford a private attorney
• Bakersfield Police Department - to report incidents or seek emergency assistance
• Victim/Witness Assistance Program (Kern County District Attorney's Office) - for victims seeking support and information
• California State Bar Association - for lawyer referral and public information
• Local legal aid organizations and domestic violence shelters - for support and advocacy

Next Steps

If you or someone you know is involved in an assault or battery case in Bakersfield, it is important to act quickly. Document all details of the incident, gather any evidence or witness information, and avoid discussing the case with others except your attorney. Consult with a qualified criminal defense or victim's rights lawyer as soon as possible to discuss your situation and legal options. Most lawyers offer an initial consultation, during which you can discuss your case and receive basic guidance at no cost or for a nominal fee. Remember, timely legal advice can help you navigate the complexities of the criminal justice system and protect your rights.