Los Angeles Assault Attorney Explains California Assault and Battery Law

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Assault and battery are frequently mentioned together as if they are one crime. While the two crimes do go hand in hand, pursuant to California law, they are different offenses. Assault occurs when a person intentionally physically attacks another or threatens to cause harm through physical force. To rise to the level of assault, the threat must create such fear in the victim that it is perceived to be authentic, imminent, and well-founded enough that the person who makes the threat is perceived to likely follow through with the threat. No actual physical harm is required or physical contact made for assault to be accomplished. Battery, on the other hand, occurs when a person intentionally makes physical contact with another and is responsible for either striking another or causing some object to strike another against that person's will.

If you are arrested in an assault or battery incident, representation by an experienced Los Angeles assault attorney is a necessity. People who suffer bodily harm as the result of a violent incident or the threat of physical harm are typically aggressive in the pursuit of justice as such an incident is both emotionally devastating and traumatic. Consequently, pursuing a criminal, and sometimes a civil, lawsuit against the perceived perpetrator of an assault and/or battery may prove to be cathartic-an argument not easily dismissed.

What Is and What Is Not an Assault

While most of us think of an assault or battery as a crime of opportunity that occurs between strangers, most assault and battery crimes occur in familiar places and involve familiar perpetrators. Most often taking place at work, at home, and in vehicles, these types of altercations often involve domestic violence, sexual assaults and reckless motor vehicle operation. Usually defined by what an assault and/or battery is, most allegations can be best defined as what an assault or battery is not. For instance the following situations are not considered to be assaults or batteries.

A police officer serving a warrant and having to use reasonable force to serve itA property owner defending against damage to buildings and/or landA merchant defending his or her property against theft or damageA school teacher administering a disciplinary act (specific rules concerning teachers vary by jurisdiction)Contact sportsA person who uses reasonable and/or excessive force to protect himself or diffuse an altercation that escalates into a knife or gun fightA parent disciplining his or her own child

Every assault and battery is a matter of degree. Your Los Angeles attorney is your best resource for determining if your situation rises to the level of a crime of assault or battery. Consequently, for your Los Angeles assault attorney to effectively represent you, you must openly discuss the event that led to your arrest and provide all details, good or bad, so your attorney can craft a solid strategic defense for you.

One of the most important decisions you'll make if you are charged with assault or battery in Los Angeles, is who your Los Angeles assault attorney will be. Having the right attorney who is capable of earning your trust and assessing your case objectively will prove to be your greatest asset when your case goes to trial. While early representation is important when it comes to any criminal charge, you'll want to take your time choosing a Los Angeles assault attorney to represent you. After all, it's your future and your freedom at stake.

A strong advocate for those arrested in Los Angeles for a crime of any kind, R.J. Manuelian has provided legal representation to countless assault and battery clients. A noted speaker, teacher, and often-quoted commentator, R. J. is a highly-sought-after Los Angeles criminal defense attorney . Rate this Article

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Raffi John Manuelian has published 2 articles. Article submitted on September 23, 2013. Word count: 564

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