Santa Ana Assault & Battery Lawyer

Experienced Assault Defense Attorneys Serving Orange County, CA

Assault and battery are actually two separate charges in California. Assault is generally defined as an unlawful attempt to violently injure another. Of course, the individual must be capable of inflicting such damage in order for the charge to be brought against the person. Battery is the actual crime of injuring the individual. You can see how these crimes are often charged together - a person might threaten another and then actually follow through with the threat and strike or otherwise injure him or her. This could result in an assault and battery charge.

If you have been charged with assault and/or battery, it is very important that you talk with the top criminal attorney in Santa Ana who knows how to handle these types of cases. If you are convicted, you could be subject to some or all of the following penalties:

• Jail time or prison time
• Fines
• Community service
• Probation
• Misdemeanor or felony on your record
• Required anger management classes

To speak with our experienced Santa Ana assault defense lawyers, give us a call at (714) 408-1249 or contact us online today. 

Types of Assault & Battery Offenses

There are many different levels of assault and battery charges that you could possibly be facing, depending upon the circumstances of your situation. Some include simple assault, sexual assault, assault with a deadly weapon, simple battery and battery with injury. Domestic violence charges can also fall under the assault & battery umbrella.

No matter what type of charge you are facing, you owe it to yourself to contact an attorney as soon as possible. Looking for a lawyer for your criminal case in Santa Ana? You deserve to have the best possible defense lawyer on your side to back you up and fight to protect your freedom and rights. Moises Aguilar, Attorney at Law is fully prepared to offer you this service.

Defenses to Assault Charges in California

Assault charges in California are serious offenses that can result in significant penalties, including jail time, fines, and a criminal record. However, several defenses can be employed to challenge these charges, depending on the specifics of the case. A strong legal strategy tailored to the circumstances can make a critical difference in the outcome.

Common Defenses to Assault Charges in California

• Self-Defense or Defense of Others -  The defense of self-defense may be valid if the accused acted to protect themselves or another person from immediate harm. The response must have been proportional to the threat faced.
• Lack of Intent - Assault requires intent to commit an act that could cause harm. If the defendant’s actions were accidental or lacked intent to harm, this defense may apply.
• False Accusations - Assault charges can stem from false claims, often arising in heated disputes or personal conflicts. Evidence such as witness testimonies or surveillance footage can help disprove these allegations.
• Inability to Carry Out the Threat - Assault charges require the defendant to have had the present ability to harm the alleged victim. If this ability was absent, the charge may not hold.
• Procedural Violations - Incorrect police conduct, unlawful arrests, and mishandling of evidence can weaken the prosecution's case and result in dismissal.

An experienced California assault defense attorney will thoroughly investigate the case, identify weaknesses in the prosecution’s evidence, and build a strong defense to protect your rights and reputation.

Understanding Your Rights After an Assault Charge

Facing an assault charge can be a daunting experience, but it's crucial to remember that you have rights and options available to you. At Moises Aguilar, Esq., we believe that informed clients make the best decisions regarding their defense. Our experienced legal team is here to guide you through every step of the process, ensuring that you understand your rights and the potential consequences of your charges.

Here are some key rights you should be aware of:

• The Right to Remain Silent: You are not obligated to answer questions from law enforcement without your attorney present.
• The Right to Legal Representation: You have the right to hire an attorney to represent you and defend your case.
• The Right to a Fair Trial: Every individual is entitled to a fair trial, where evidence will be presented and examined before a judge or jury.
• The Right to Appeal: If convicted, you have the right to appeal the decision if there are grounds to challenge the outcome.

Understanding these rights can empower you during this challenging time. Our team is committed to providing personalized legal strategies tailored to your unique circumstances, ensuring that you receive the best possible defense. Don’t face this alone; contact us today to schedule a consultation and discuss your case.

To speak with our experienced Santa Ana assault defense lawyers, give us a call at (714) 408-1249 or contact us online today.