Best Assault & Battery Lawyers in Daly City

About Assault & Battery Law in Daly City, United States

Assault and battery are two distinct but often related criminal offenses under California law, which applies in Daly City and throughout San Mateo County. Assault generally refers to an attempt to cause a violent injury to another person, while battery is the actual use of force or violence against someone. Both offenses are taken seriously by local law enforcement and the courts, and can lead to criminal charges, fines, and even jail time. Understanding the differences and the legal implications of each is critical if you are involved in an assault or battery case in Daly City.

Why You May Need a Lawyer

Facing allegations or charges of assault and battery in Daly City can be confusing and stressful. You may need legal representation if you are:

• Accused or arrested for assault or battery
• The victim seeking justice or restitution
• Involved in a civil lawsuit related to assault or battery
• Dealing with restraining orders or protective orders
• Facing employment or housing consequences due to allegations

A knowledgeable lawyer can help protect your rights, explain your options, negotiate with prosecutors, or help you pursue damages as a victim.

Local Laws Overview

Daly City follows California state law regarding assault and battery, primarily found in the California Penal Code. Key points include:

• Assault (Penal Code Section 240)- Defined as an unlawful attempt, with present ability, to commit a violent injury to another person. No physical contact is required for an assault charge.
• Battery (Penal Code Section 242)- Defined as any willful and unlawful use of force or violence upon another person. Physical contact, however slight, is necessary.
• Penalties- Both offenses can be charged as misdemeanors or felonies, depending on circumstances such as physical injury, involvement of weapons, or whether the victim is a protected person (such as a law enforcement officer).
• Local Enforcement- The Daly City Police Department handles investigations. Cases are prosecuted in the San Mateo County Superior Court.
• Self-defense- Self-defense can be asserted as a legal justification in some assault and battery cases.

Every case is unique. Consulting a local attorney can provide clarity on how these laws might apply to your specific situation.

Frequently Asked Questions

What is the difference between assault and battery?

Assault is the attempt or threat to use force or violence, while battery is the actual use of physical force or violence against another person.

Can I be charged with both assault and battery for one incident?

Yes. It is common to face charges for both when a single incident involves both the attempt (assault) and actual contact (battery).

What are the possible penalties for assault or battery in Daly City?

Penalties range from fines and probation to jail or prison time, especially if aggravating factors or injuries are involved. The severity depends on the specifics of the case.

Are there more serious versions of assault and battery?

Yes. Aggravated assault or battery, involving weapons or serious injury, can be charged as felonies with harsher penalties.

If I acted in self-defense, will I still be charged?

You may still be arrested, but self-defense is a legal defense that can be raised in court. Evidence must support your claim that your actions were necessary and reasonable.

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

Remain calm, exercise your right to remain silent, and request to speak with a lawyer as soon as possible before answering any police questions.

Can a victim of assault or battery sue for damages?

Yes. Victims can pursue civil lawsuits for medical expenses, pain and suffering, lost wages, and other damages.

How long do I have to take legal action after an assault or battery?

The statute of limitations varies. For criminal cases, it depends on the severity of the offense. For civil lawsuits, victims usually have two years from the date of the incident to file.

Do assault and battery convictions affect immigration status?

They can. Certain convictions may lead to immigration consequences, including deportation. Non-citizens should seek immediate legal counsel.

Where will my case be heard in Daly City?

Cases are typically prosecuted in the San Mateo County Superior Court. A lawyer can provide details based on the type and severity of your case.

Additional Resources

• Daly City Police Department- For incident reports, emergency response, and victim assistance.
• San Mateo County Superior Court- Where criminal and civil cases are filed and heard.
• San Mateo County District Attorney’s Office- Handles prosecution of criminal cases.
• Legal Aid Society of San Mateo County- Offers legal help for those who qualify.
• California Victim Compensation Board- Provides financial help to eligible victims of violent crimes.

Next Steps

If you are involved in an assault or battery incident in Daly City, consider the following steps:

• Contact the police to report the incident, if you are the victim.
• Seek medical attention for any injuries.
• Do not make statements to police without consulting a lawyer if you are accused.
• Gather any evidence or witness information related to the incident.
• Reach out to a qualified local attorney experienced in criminal defense or victim advocacy to discuss your legal options.
• Follow all court orders, including restraining or protective orders.

Taking prompt action and consulting with a legal professional can help you understand your rights, build a strong case, and secure the best possible outcome in an assault and battery matter.