Violent Criminal Assault in California

In California, criminal assault with violent elements is usually assault and battery which is an illegal action that can lead to criminal charges, confinement and other penalties based on a conviction of the crimes. While in California, the perpetrator can face both criminal and civil cases where penalties and consequences for both cases are possible.

Assault and Battery Defined in California

In the state, assault and battery are often together because the aggressor will intimidate and then harm the person right after. According to the California Penal Code, these terms are unlawful attempt to cause violent bodily harm to another person. Assault is often the attempt to commit the actual battery of the victim. The battery is the physical injury inflicted. To commit assault, the person may present the ability to harm, manipulate, coerce or intimidate the other party that possible physical injury or harm will happen without action. Assault does not need physical contact to occur.

Battery to the Victim

While assault does not need battery, it is important to understand how one is separate from the other. Battery is the force or violence of the aggressor on the other person. There is usually a need to prove willful and intentional physical contact in a harmful manner with the other. There are different severity levels based on the degree of battery. The perpetrator can increase the severity of the crime if committing battery against a police officer, emergency medical professional, school employee, firefighter or other professional individual in the state. The degree can also include aggravated factors based on the level of injury inflicted.

Aggravated Assault

In the state of California, the prosecuting lawyer is able to pursue charges of aggravated assault in the most serious of circumstances. This usually requires the lawyer to show that the aggravating situation is an elevation to the standard charges and the reason why. This may involve the use of a deadly weapon, even if the perpetrator did not harm the victim physically. Another aggravated assault charge may happen when the aggressor has the intent to commit a felony such as murder, rape or serious or aggravated battery. These charges generally increase possible sentences significantly.

Simple Assault

Even though assault is not normally a violent crime because most charges are for simple assault, the perpetrator can increase charges and penalties depending on his or her actions. By using any weapon, force, psychological trauma or emotional damage, the aggressor can increase simple assault to aggravated assault. Then, he or she will need a lawyer to help prove that there was no intent to commit an additional crime such as battery or murder. It is often the intimidation that there is the potential that another crime will occur that increases the charges.

Injuries and Proof against the Accused

Assault usually has various types of injuries to include mental trauma, emotional distress and physical harm when the aggressor attacks the person in some manner. The need for therapy and counseling after the incident can support the case as proof of trauma and distress. The symptoms and signs of different conditions also increase the prosecution’s argument against the defendant. Medical documentation, treatment and medication all can help to prove that the incident was as violent and trauma-filled as the victim explains. The victim’s testimony can also provide sufficient information to lead to a guilty verdict.

Defending against Violent Assault

The possible defenses may depend on the two parties involved. One such way to defend against the charges is that the other party consented to the activity. Self-defense for some form of attack or incident is another way to explain what happened. This may also involve the defense of another person, personal property or the home. It is important to consult a lawyer before attempting to use any defensive strategy to ensure that it has strength behind it and that the lawyer is aware of what the defendant wants to pursue in the courtroom. The defensive strategy used will need evidence to back it for the argument to remain valid and testimony provided that will also increase the strength of the proof given by the defendant when speaking.

Violent Criminal Assault Legal Support

In California, the accused of violent criminal assault will need a criminal defense lawyer to help refute the charges or to enter into plea bargains to reduce the charges and subsequent sentencing. The lawyer will need to present the case to the courtroom and protect his or her client’s rights given the case.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.
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