ASSAULT AND BATTERY

Battery is the unlawful application of physical force to another; assault is an attempt to commit battery or an act that may reasonably cause fear of imminent battery. With manslaughter and murder, these concepts are articulated to protect against rude and undesired physical contact or the threat of it. Battery requires no minimum degree of force, nor does it need to be applied directly; administering poison and transmitting a disease may both be battery. Accidents and ordinary negligence are not, nor is reasonable force used in the performance of duty (e.g., by a police officer).

Negligence is the failure to exercise the degree of care expected of a person of ordinary prudence in protecting others from a risk of harm.

It may render one civilly and sometimes criminally liable for resulting injuries. The doctrine of negligence does not require the elimination of all risk, but rather only foreseeable and unreasonable risk. Thus a higher standard applies to explosives manufacturers than to manufacturers of kitchen matches. The plaintiff must ordinarily prove the defendant's negligence with a preponderance of evidence.

If you or someone you know is being accused of assault and/or battery, you or that person may be potentially facing:

• Probation
• Incarceration
• Parole
• Court enforced counseling (e.g. anger management classes)
• Other sentences and/or fines

The outcome of your case will depend not only on the legal ability of your attorney but also on external factors such us your criminal record (prior convictions), current criminal status (parole or probation), and the jury feelings and thoughts towards these types of crimes among many others.

On the other hand, important factors such as insufficient evidence or claiming insanity might be part of an effective criminal defense strategy.

Since the outcome of assault and battery related cases could be life changing, choosing an attorney requires you to be well informed and advised. To help you make the right decision, our service can provide you with important background information that includes attorney's ratings, records, and certifications.

ASSAULT

The California penal code defines abuse as “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent, serious bodily injury to himself, herself or another”. Domestic violence can refer to violence between spouses, partners, former partners or spouses, children, individuals involved in a dating relationship, or elder abuse.

Abuse does not need to occur within the “home” to be considered domestic violence. It can occur outside the home, at work, on the telephone, or even on the internet. There does not need to be any physical evidence of abuse in order to be charged with domestic violence. Verbal, emotional, and psychological abuse can be just as serious as physical violence.

Law enforcement agencies in the State of California have the right and the responsibility to press charges against a person who has allegedly committed an act of domestic violence against another person. This means that the victim does not have to press charges.

Any one charged in California with domestic violence could be convicted of a felony and serve up to 4 years in prison. In addition, if the charge includes “interstate” abuse such as following the victim to another State after a restraining order has been issued, federal charges could also be brought against the abuser.

If you think you might be abusive, please ask yourself these questions:

1. Have I ever been told that my words or actions have hurt my partner?
2. Have I ever used force or threats to make my partner do something that he or she did not want to do?
3. Have I ever used force or threats to prevent my partner from doing something?
4. Has my partner complained that I control or dominate him or her in unwanted ways?
5. Have I withheld financial necessities in order to force my partner to behave in an unwanted way?

Answering yes to any of these questions does not mean you are a “bad” person but you should consider seeking help to correct the abusive behavior.

If you have been charged with domestic violence, the courts will take into account such information as, your “character”, community involvement, prior charges, current and prior counseling, when they consider your case. The judge may impose alternative sentencing to prison but it is imperative that you get competent legal representation.

Finally, meet with your attorney as soon as possible. When you meet with Mr. McDonald, be completely honest with your version of events. Tell us about any past criminal record or witness that might help or hurt your case. Remember that you are the most important part of your defense team.

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