Discovering And Using The Facts To Benefit You
We understand that there are always two sides to every story. Sometimes the narratives are similar, and sometimes they are radically different. The events recorded in the police report are not necessarily the events that actually transpired. If you were charged with any type of assault or battery, the first step to a successful defense strategy is an attorney who understands the facts of your story. The more facts that can be gathered, the more effective your defense will be. We will work tirelessly to obtain a positive outcome in your case.
What Is Assault And Battery?
Assault involves the threat of force and the immediate ability to carry out that threat. Clenched fists, verbal threats or brandishing a weapon all constitute assault. Battery requires touching the victim, but it does not require an injury to the victim. The touch could be from your hands or from an object in your control.
What Are Some Assault And Battery Offenses?
There are a number of specific acts that fall into this category of violent crime, such as:
- Domestic violence -- An assault or battery is considered an act of domestic violence if the alleged victim is a spouse, close family member or other person residing in the same household.
- Aggravated assault and aggravated battery -- If your assault or battery involved a weapon, such as a gun or a knife -- or even a brick or a cane -- you can be charged with a felony.
- Prior convictions -- If you have any prior related convictions, even a simple assault or battery charge may be enhanced to a felony.
Proving Assault And Battery
Unless there were multiple eyewitnesses, assault can be difficult to prove. Sometimes these matters are essentially a "swearing match" between you and the alleged victim. This does not necessarily mean that one of you is lying. You may simply have different versions of the facts, and after your Santa Barbara criminal defense attorney makes an effective presentation, the jury must determine what actually happened. Battery can be hard to prove for the same reason, especially if there is little or no physical injury.