Best Assault & Battery Lawyers in Century City

About Assault & Battery Law in Century City, United States

Assault and battery are criminal offenses that are closely related but distinct under U.S. law. In Century City, a neighborhood of Los Angeles, California, these offenses are prosecuted under California state law. Assault is generally defined as an intentional act that creates an apprehension in another of an imminent harmful or offensive contact. Battery, on the other hand, involves the actual physical impact on another person. While assault can occur without battery, battery cannot happen without preceding assault. Offenses can range from simple assault and battery, involving threats or minor injuries, to aggravated forms associated with severe harm or use of a deadly weapon.

Why You May Need a Lawyer

People may require legal help in assault and battery cases for several reasons. If you are accused of these offenses, seeking legal counsel is crucial to navigate the complexities of criminal defense and to ensure that your rights are protected. Victims of assault and battery can also benefit from legal representation to pursue justice and potentially seek compensation for damages. Moreover, legal advice may be necessary in situations involving civil suits related to personal injury claims resulting from the incident.

Local Laws Overview

In Century City, which is subject to California state law, assault and battery are prosecuted under specific penal codes. California Penal Code Section 240 defines assault, while Section 242 pertains to battery. California law considers factors such as the intent behind the act, the severity of the injury, and any use of a weapon when determining the charges and potential penalties. Penalties may range from fines and community service to imprisonment. Understanding these nuances is essential for anyone involved in such legal situations.

Frequently Asked Questions

What is the difference between assault and battery?

Assault is the act of creating a reasonable fear in someone that they will suffer harm, while battery refers to the actual physical contact or harm inflicted on a person.

Can I go to jail for a simple assault charge?

Yes, simple assault is considered a misdemeanor offense that can result in jail time, fines, or both, depending on the circumstances and any prior criminal history.

What should I do if I am accused of assault and battery?

Contact a qualified attorney immediately to discuss the charges and begin preparing your defense. Avoid making statements to law enforcement without your lawyer present.

Can victims of assault and battery sue for damages?

Yes, victims can file a civil lawsuit seeking compensatory damages for medical expenses, pain and suffering, lost wages, and other related costs.

How does self-defense work as a defense in these cases?

If you acted in self-defense, this could serve as a valid legal defense, provided that the force used was reasonable under the circumstances and necessary to protect against an immediate threat.

Are assault and battery charges always tried together?

No, they can be tried separately or together depending on the specific facts involved and how the prosecutor chooses to charge the offenses.

What happens if I cannot afford a lawyer?

If you are facing criminal charges and cannot afford an attorney, a public defender will be appointed to represent you in court.

Can I press charges myself against someone for assaulting me?

While only prosecutors can press criminal charges, you can file a police report. The authorities will investigate and decide whether to pursue criminal charges.

How long do I have to file a lawsuit for an assault-related injury?

California has a two-year statute of limitations for personal injury claims, including those resulting from assault and battery, from the time of the incident.

What are aggravated assault charges?

Aggravated assault charges involve more severe circumstances, such as causing significant bodily injury or using a weapon, and carry harsher penalties.

Additional Resources

For more information, you may contact organizations like the Los Angeles County Bar Association or seek assistance from governmental bodies such as the California Victim Compensation Board. These entities can provide further guidance and support for individuals dealing with assault and battery issues.

Next Steps

If you need legal assistance in assault and battery, start by consulting with a lawyer who specializes in criminal defense law. They can evaluate your case, advise you on your legal rights, and help you understand your options. You can also attend local legal aid clinics or reach out to legal referral services for additional support.