Best Assault & Battery Lawyers in Clovis

About Assault & Battery Law in Clovis, United States

Assault and battery are serious criminal offenses in Clovis, United States. While these terms are often mentioned together, they refer to separate actions under the law. Assault generally refers to the act of intentionally putting another person in fear of imminent bodily harm, even if no physical contact occurs. Battery, on the other hand, involves actual physical contact or harm inflicted upon another person without consent. Both crimes can be charged as misdemeanors or felonies, depending on the severity of the incident and the circumstances involved.

In Clovis, which follows California state law, being accused of assault or battery can have lasting impacts, including possible jail time, fines, probation, and a permanent criminal record. The specifics of any charge will depend on factors such as whether a weapon was used, the extent of any injuries, and whether the alleged victim was a protected party, such as a child or law enforcement officer.

Why You May Need a Lawyer

There are many situations where seeking the help of an experienced criminal defense lawyer is essential if you have been accused of or involved in an assault or battery case in Clovis. Common scenarios include:

• Being arrested or charged with assault or battery
• Receiving a restraining or protective order against you
• Being involved in a bar fight, domestic dispute, or other altercation that resulted in police involvement
• Being accused of threatening someone, even if there was no physical contact
• Defending yourself against false accusations of violence
• Facing elevated charges due to alleged use of a deadly weapon
• Dealing with accusations involving children, elderly, or public officials

A qualified lawyer can help you understand your options, navigate the legal system, and protect your rights throughout the process. They can also help with plea negotiations, explain potential defenses, and advocate on your behalf in court.

Local Laws Overview

Clovis is subject to California state law regarding assault and battery, with a few local considerations. The California Penal Code defines assault under Section 240 and battery under Section 242. In general:

• Assault is any unlawful attempt, coupled with present ability, to commit a violent injury on another person.
• Battery is any willful and unlawful use of force or violence upon another person.

Simple assault and battery are typically treated as misdemeanors. Penalties can include up to six months in jail and fines. However, if there are aggravating factors, such as use of a weapon or causing serious injury, these can become "aggravated" charges, carrying more severe penalties including longer jail or prison time.

Clovis law enforcement and the local courts take allegations of assault and battery seriously. The City of Clovis also has law enforcement protocols prioritizing public safety and the protection of vulnerable individuals. Additionally, if the incident occurred in a domestic context, special domestic violence laws and mandatory arrest policies may apply.

Frequently Asked Questions

What is the difference between assault and battery?

Assault refers to the threat or attempt to cause harm, creating fear of imminent injury. Battery involves actually making physical contact or causing harm.

Can you be charged with assault if you did not hit anyone?

Yes, you can be charged with assault even if you did not make physical contact, as long as you intentionally put someone in fear of imminent harm.

What should I do after being accused of assault or battery in Clovis?

Remain calm, do not discuss the incident with police without legal counsel, and contact a criminal defense lawyer as soon as possible to protect your rights.

Are there self-defense laws in Clovis?

Yes, California law allows for self-defense if you reasonably believed you were in imminent danger and used only the amount of force necessary to protect yourself.

What are the penalties for misdemeanor assault and battery?

Penalties can include up to six months in jail, probation, community service, fines, and possible mandatory counseling.

What makes an assault or battery charge a felony?

Felony charges can result from aggravating factors such as use of a weapon, causing serious bodily injury, or attacking protected individuals like police officers.

Will a conviction affect my record?

Yes, a conviction for assault or battery will go on your permanent criminal record, which can impact employment, housing, and other aspects of life.

Can assault or battery charges be dropped?

Yes, in some cases charges can be dropped or reduced, especially if there is insufficient evidence or effective legal defense is presented.

Are there alternatives to jail for first-time offenders?

Yes, some first-time offenders may be eligible for diversion programs, probation, community service, or anger management classes instead of jail.

How soon should I contact a lawyer?

You should contact a lawyer as soon as possible after being accused, arrested, or charged to ensure your rights are protected from the beginning.

Additional Resources

• Clovis Police Department - For reporting incidents or obtaining police reports
• Fresno County Superior Court - Handles criminal cases for Clovis residents
• California Public Defender's Office - Free or low-cost legal representation for those who qualify
• California Victim Compensation Board - Assistance for victims of violent crimes
• Local legal aid organizations - Provide help for low-income individuals needing legal advice

Next Steps

If you or someone you know is facing an assault or battery charge in Clovis, it is critical to act quickly to protect your rights. Here are the recommended steps:

• Do not discuss the case with anyone except your lawyer
• Gather any evidence, such as witness information or medical records
• Contact a qualified criminal defense lawyer who understands assault and battery law in Clovis
• Attend all court appearances and comply with any orders issued by the court
• Explore your legal options, potential defenses, and possible alternatives to jail with your lawyer

Remember, every case is unique. Consulting with a local attorney can help you understand your rights and develop a strategy to achieve the best possible outcome.