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Assault and battery are two separate but related criminal offenses in Fresno, United States. Generally, "assault" refers to the unlawful attempt to cause physical harm to another person, or threatening to do so, while "battery" involves actual physical contact or harm. These offenses are taken seriously in Fresno and throughout California, with penalties ranging from fines and community service to jail time and probation. Depending on the circumstances, such as the use of weapons or causing serious injuries, charges may be elevated from misdemeanors to felonies, increasing the severity of the consequences.
Facing assault or battery allegations can be complex and intimidating. You may need a lawyer if you are arrested, charged, or being investigated in connection with an assault or battery case. Legal representation is crucial if you are:
An experienced lawyer can help protect your rights, advocate on your behalf, and navigate the complexities of local laws to achieve the most favorable outcome possible.
In Fresno, California Penal Code sections 240 and 242 govern assault and battery:
Penalties depend on the details of the offense, prior criminal history, and whether aggravated factors such as weapons or severe injury are involved. Simple assault or battery is usually a misdemeanor, while cases involving serious harm or special victims, such as police officers, can lead to felony charges.
Other local ordinances in Fresno may address specific behaviors such as domestic violence, public disturbances, or civil restraining orders connected to assault or battery cases.
Assault is the attempt or threat to cause physical harm, while battery involves actual physical contact or harm. You can be charged with assault even if no physical contact occurred.
Common defenses include self-defense, defense of others, lack of intent, mistaken identity, and consent. An attorney can help determine which defenses may apply to your case.
Penalties can include fines, probation, community service, protective orders, or jail time. More serious cases involving weapons or significant injury can result in felony charges and longer sentences.
No, the prosecutor can pursue charges even if the victim does not want to press them. The state decides whether to prosecute based on the evidence.
Yes, crimes involving weapons, serious injury, or certain victims (such as police officers) can be charged as felonies, which have harsher penalties.
You can still be charged, but self-defense is a recognized legal justification. You will need to show that you reasonably believed you were in imminent danger and used proportional force.
As soon as possible. Prompt legal advice can help you avoid mistakes, protect your rights, and prepare an effective defense strategy.
Some misdemeanor convictions may be eligible for expungement if certain conditions are met. An attorney can explain your options based on your circumstances.
Do not attempt to contact the accuser. Remain calm, avoid discussing the incident with anyone but your attorney, and gather any evidence that supports your innocence.
Criminal charges are prosecuted by the state, but settlements or civil agreements may be possible in some situations. Always consult an attorney before pursuing this route.
If you or someone you know needs more information or assistance with assault or battery in Fresno, the following resources can be helpful:
These organizations can provide additional guidance, support, and in some cases, legal representation.
If you are involved in an assault or battery case in Fresno, it is essential to act quickly. Follow these steps to better protect your rights:
Seeking timely legal advice is crucial. A knowledgeable attorney can explain your options, represent you in court, and help achieve the best possible resolution for your case.
