Best Assault & Battery Lawyers in El Segundo

About Assault & Battery Law in El Segundo, United States

Assault and battery are serious criminal offenses in El Segundo, California. Although these terms are often used together, they refer to two distinct actions under the law. Assault is the act of intentionally putting another person in fear of imminent harmful or offensive contact, even if physical contact does not occur. Battery is the actual unlawful and willful use of force or violence upon another person. Both offenses can result in criminal charges, civil liability, or both, depending on the circumstances. Understanding the distinctions and potential consequences is important for anyone involved in such a legal matter in El Segundo.

Why You May Need a Lawyer

If you are facing assault or battery charges in El Segundo, it is crucial to seek legal advice as early as possible. A lawyer with experience in assault and battery law can help you in situations such as:

• Being arrested or charged with assault or battery
• Receiving a citation for simple physical altercations or threats
• Facing allegations of domestic violence involving assault or battery
• Pursuing or defending against a civil lawsuit for injuries caused by an altercation
• Being a victim who needs protection or wishes to file a complaint
• Understanding your rights after being physically or verbally assaulted

Local Laws Overview

In El Segundo, assault and battery laws are governed by the California Penal Code. The most commonly charged statutes include:

• Assault (Penal Code 240): Defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. Physical contact is not required.
• Battery (Penal Code 242): Defined as any willful and unlawful use of force or violence upon another person. Any physical contact, however slight, might constitute battery if it is offensive or harmful.
• Aggravated Assault and Battery: More serious when involving weapons, causing serious bodily injury, or targeting certain victims such as police officers or domestic partners. These can be charged as felonies.

Frequently Asked Questions

What is the difference between assault and battery?

Assault is an attempt to cause physical harm or instill fear of harm in someone, while battery involves actual physical contact or harm.

Are assault and battery charged as misdemeanors or felonies?

Simple assault and battery are typically misdemeanors, but aggravating factors like weapon use or serious injury can elevate charges to felonies.

Can I be charged with assault if I did not physically touch someone?

Yes. Actual physical contact is not required for an assault charge in California. Threatening someone with the ability to carry out the threat may suffice.

What are common defenses to assault and battery charges?

Common defenses include self-defense, defense of others, consent, lack of intent, or mistaken identity. An attorney will analyze your case to determine the best strategy.

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

Stay calm, exercise your right to remain silent, and request legal representation as soon as possible without making statements to law enforcement.

Can a victim drop charges after filing a complaint?

While victims can request to drop charges, the final decision to prosecute rests with the district attorney, not the victim.

Will a conviction for assault or battery show up on my record?

Yes. A conviction generally becomes part of your criminal record and may affect employment, housing, and other opportunities.

Is it possible to have an assault or battery conviction expunged?

Under certain conditions and after meeting all sentencing requirements, some misdemeanor convictions may be expunged. Consult a lawyer for eligibility.

What are the penalties for assault or battery in El Segundo?

Penalties may include fines, probation, community service, anger management classes, jail time, or even prison, depending on the circumstances.

How can a lawyer help with an assault and battery case?

A lawyer can provide critical assistance by explaining your rights, developing a defense strategy, negotiating plea bargains, representing you in court, or helping you seek restraining orders if you are a victim.

Additional Resources

If you or someone you know needs help with an assault or battery issue in El Segundo, consider reaching out to the following resources:

• El Segundo Police Department: For reporting immediate threats or incidents
• Los Angeles County District Attorney’s Office: For information on prosecution and victims’ rights
• Los Angeles Superior Court: For court procedures and legal filings
• California Partnership to End Domestic Violence: Support services for victims
• Local Bar Associations: For lawyer referrals and legal clinics
• California State Bar: For guidance on finding a qualified attorney

Next Steps

If you are facing an assault or battery situation in El Segundo or need legal advice, it is important to act promptly. Here are steps to consider:

• Document the incident in detail, including any injuries, witnesses, or relevant communications
• Contact law enforcement if you are in immediate danger or need official documentation
• Consult with a qualified local criminal defense or civil attorney who understands California’s assault and battery laws
• Consider seeking support services if you are a victim, including counseling or protective orders
• Follow all legal advice, attend all required court dates, and fulfill all obligations ordered by the court