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Assault and battery are often charged together, but these are not interchangeable criminal offenses. A conviction of assault or battery or both charges can have significant and lasting impact on the offender’s future and can become a part of its criminal record. The state of California has imposed harsh sentences for violent crimes and assault and battery are both punished under the laws for violent crime.
According to California Penal Code 240, “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
The major difference between assault and battery is the occurrence of action/ use of force/ violence. While, assault is an attempt or a threat of illegal use of force against another person, battery is related to the actual use of force or violence against another person.
Simple Assault: It involved assault against another person and the sentence can be up to $1000 fines, jail time up to 6 months or both.
Assault Against Parking Officer: If the person assaulted is a parking officer, the conviction can face up to $2,000 in fines, up to 6 months of county jail time or both.
Assault Against Police officer/ Peace officer/ Emergency Personnel/ Firefighter etc.: The convicted of assault under 241(c) can face up to $2,000 in fines, up to 1 year of county jail time or both.
Assault Against Custodial Officer: If the person assaulted custodial officer, the sentence can be up to one year jail time in county jail.
As mentioned, the sentences in case of assault charges are harsh and can result in jail time. First-time offenses are often punished only by fines and there is no jail time if you have a strong defense case and strong defense arguments. Here are the factors that can affect the severity of punishment in case of assault conviction.
If you have been charged with assault, you should understand that your future, reputation, and money is at stake. Therefore, it is not advisable to take any risk in such serious charges and seek aggressive defense representation for you. The lawyers at David S. Chesley have a reputation of aggressively defending the clients and prove their innocence in the court. We have worked with clients that have been charged for assault due to mistaken ID or as a revenge from ex-spouse, or due to complicated circumstances. As defense lawyers, our approach is to untangle the pieces of case and explain them to judge or jury, question the validity of prosecutor’s evidences, and present counter arguments. Being part of criminal justice system for more than fifty, we are aware of our client’s situation and extend our help in every way.
An insightful and knowledgeable legal representation explores available defenses in the specific circumstances of your case and focuses on building strong defense arguments around them. The commitment to client and court experience reflects itself in the legal representation by David S. Chesley and associate defense lawyers. We carefully examine all major and minor details of the case to prepare its defense. Here are common available defenses that we have successful defended in court.
Lack of intent: The assault requires that the defendant intended to commit a violent injury to the other person. By analyzing the case, it can be proven that the injury was an accident and not an intended harm.
Self-Defense: If the person charged with assault attacked or intended to attack the other person in self-defense, it is not proven as assault.
Defense of other people or defense of property: The charges of assault do not qualify if the person assaulted other person to protect another person or property from damage.
If the person charged with assault has been previously convicted of two violent offenses, the person’s sentence is enhanced under ‘three strike law’ of California and one can face life term imprisonment under this law.
Domestic violence is one of the most commonly reported in California and every year hundreds and thousands of domestic crime cases are registered.
Assault and battery are often charged together, but these are not interchangeable criminal offenses.
Being charged with aggravated assault (also known as assault with a deadly weapon), is a serious criminal charge.
When a suspect is uncooperative, dismissive or verbally indignant, some officers take it personally. People who have committed no crime suddenly find themselves facing bogus criminal charges.
A criminal threat is often referred as ‘terrorist threat’ in California even though the statute no longer uses this term to define the offense.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client’s estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client’s glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
Rodrigo L. San Fernando, CA (Sherman Oaks Yelp Review)
I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)
I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Erica Geller Ontario, CA (Ontario Facebook review)
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Elizabeth F. San Diego, CA (San Diego Google Places Review)
I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Britanny Givens Newport Beach, CA (Newport Beach Google Places)
I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Andrew A. North Hollywood, CA (Better Business Bureau review)
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.