Riverside Assault & Battery Defense Attorney
Assault and battery can be a devastating crime, and accusations of assault can result in serious fines, jail time, criminal charges and other penalties. Without an assault lawyer, it can be difficult to defend yourself against such charges; the primary aggressor is not always who it appears to be, and police generally arrest the person who looks like the aggressor. Accusations of assault and battery can ruin your reputation and decrease your chances for a normal life. If you face an indictment of assault and battery, know the specific accusation. Then speak to a Riverside assault attorney as soon as possible to prepare a skilled defense. If you face accusations in Riverside or Orange County, the Law Offices of Graham D. Donath, APC can advise you. Give us a call or fill out an online contact form to tell us more about your case.
Frequently Asked Questions:
Why Choose Our Riverside, CA Assault Lawyers?
When choosing a Riverside assault & battery attorney, you will be inundated with lawyers claiming to be your best option. However, you need to look for a knowledgeable and experienced defense lawyer who has client success and is recognized by their peers for excellence.
- People v. J.M. – A client was charged with spousal battery resulting in a traumatic condition. The alleged victim in the case suffered serious swelling and facial bruising. The alleged victim testified that the client became angry over her emails with an ex. The client was found not guilty of all charges.
- People v P.D. – A client was charged with DUI with additional enhancements for an elevated blood alcohol level (above .15%) after they were spotted parked on the side of the freeway. The client failed field sobriety tests, blew .17% on the breathalyzer test, and admitted to having consumed alcohol before driving. The client was found not guilty of all charged.
- People v J.R. – This client was charged with premeditated attempted murder along with weapons and great bodily harm enhancements. The client was accused of or crashing a party and instigating a fight with the victim. He was alleged to have stabbed him in the chest and struck him in the head with a bat. This case was settled with probation and time served on a non-strike simple assault charge.
- People v. F.G – This client was charged with DUI when officers made contact with him after leaving his truck and walking into a liquor store. He failed sobriety tests and blew a .14% on the breathalyzer test. He admitted to being intoxicated. The jury was hung on this case and the client was not convicted.
The list of clients Graham Donath has successfully defended goes on and on. Mr. Donath understands criminal law and defense tactics and is ready to get to work on your case today.
- Graham Donath has been named one of the Top 100 Trial Attorneys in Southern California by the National Trial Lawyers Organization for 2013 and 2014.
- Donath is one of the few attorneys to be deemed a Certified Specialist in Criminal Law by the California State Bar Board of Legal Specialization.
- Graham Donath worked for the Ventura County District Attorney’s Office. By having experience on both sides of cases, Mr. Donath has insight into the practices and tactics used by prosecutors.
Graham Donath is a Riverside assault lawyer that has previously worked as a Deputy Public Defender in Riverside County. He handled thousands of felony, misdemeanor, and juvenile cases successfully and was named the Misdemeanor Trial Attorney of the Year.
How an Assault Attorney Can Help
Having a Riverside criminal defense lawyer by your side is the best way to have a successful outcome in your assault & battery case. Prosecutors will vigorously pursue these charges. Being charged with a crime, whether major or minor, can come with consequences that follow you for the rest of your life. Not only is there a possibility of jail/prison time, but a person can face major fines and a permanent mark on their criminal record.
Our team will help you understand:
- The scope and nature of the charges that have been filed against you
- The available defenses in your situation
- What plea bargains are likely to be offered in your case
- What you can expect if your case goes to trial
It is important to remember that prosecutors have the resources necessary to bring these charges. Therefore, it is vital that you have an attorney with the resources and knowledge to fight back. Your assault battery attorney will gather all of the evidence being used against you and handle all communications and negotiations with the other side. If negotiations on your charges are not satisfactory, your assault attorney will prepare your case for trial.
A seasoned Riverside assault attorney will understand:
- How to get your charges reduced to a lesser offense (perhaps getting a felony dropped to a misdemeanor)
- How to lessen the severity of the punishments attached to the assault or battery charge
- How to reduce or eliminate jail or prison time (through probation)
While no attorney can guarantee that charges will be reduced or dismissed, they should work vigorously on your behalf at all times.
What to look for in an assault and battery attorney
When you are facing an assault or battery charge, you need legal representation with extensive experience in this area of law. There are plenty of attorneys in this area who handle these types of cases. A quick Google search will pull up hundreds of people claiming to be the best. You need to look for an attorney like Graham Donath who has successfully handled thousands of misdemeanor and felony criminal cases. When it comes to contacting a quality criminal defense attorney, you should make a list of those you think can handle your case. Ask friends for referrals and search internet reviews. Because Mr. Donath has experience on both sides (as a prosecutor and defense attorney), you can be sure you are in good hands. You will even get a free consultation from Mr. Donath. All you need to do is click here or call 915-667-5293. Never settle on a criminal defense attorney unless they:
- Are recognized by their peers for excellence in their field
- Have a proven track record of success
- Are willing to treat each case with the respect and energy it deserves
How will a prosecutor try to prove assault & battery?
If you or a loved one is facing assault and battery charges, it is important for you to know how the prosecution will work to prove you did what they are accusing you of. In order to prove a criminal assault, the prosecutor has to prove certain facts (or elements) of the case beyond a reasonable doubt. The elements of assault include:
- The defendant’s behavior was motivated by an intent to create a state of fear or danger for the victim.
- The victim must have reasonably believed they would be harmed by the defendant’s actions.
- The victim’s fear must have been a direct response to the threat that was immediately about to occur.
- The defendant’s actions must have presented a physical threat or offensive behavior to the victim. This means that “pretending” to strike a person or attempting to spit on a victim (offending behavior) would be considered assault.
The elements of battery include: Criminal battery requires the presence of mens rea, or the criminal intent to do wrong to someone else. The elements that must be present in these cases include:
- The intent to cause someone harm
- Non-consensual contact with the victim or their effects (clothing)
- Harm caused due to the contact with the victim (physical, mental, or emotional harm)
Requirements for an Assault Charge
What is considered (pc 240) assault?
The first requirement regards the incident itself. There must be an act. You cannot charge someone with assault if he or she threatens you or implies an intent to harm you. The person must act in some way that puts you in danger. He or she does not have to touch you or hurt you, but for it to be assault he or she needs to physically act in a way that expresses an intent to harm you. Intent is the second requirement for an assault charge. The person must have expressed an intent to do harm. However, it only needs to be general intent. The individual does not need to have intended to specifically harm one person in a way. Actions that show a desire to harm anyone can warrant an assault charge. If he or she meant to scare or frighten people, the law also considers it assault.
Is (pc 240) / assault a “strike” under California’s three strike law?
No. Penal Code 240 / Assault is not a “Strike” under California’s Three Strikes Law.
Battery Requirements
Intent is also an aspect of battery requirements. However, the person does not need to intend to harm someone for the incident to be battery. Any intentional inappropriate touching without consent, even if it is not meant to be aggressive or hurt anyone, can be battery. The person must only intend to make unsolicited contact. An act that warrants a battery charge is a criminal act that is harmful or offensive contact. Similar to assault, the person does not need to have harmed the victim. As long as the person makes offensive contact, he or she could have committed battery. For example, spitting on someone can constitute a battery charge. Though the spit did not harm or injure anyone, it was offensive contact with another person.
Penalties and Sentencing for Assault and Battery
Like almost all other criminal charges, the specific penalties and sentences vary by state. The court will also adjust the punishment depending on how severe the assault or battery was and how much emotional, mental, or physical damage the victim endured. The court will also take the defendant’s criminal history into account. If the defendant has an extensive history of assault or general criminal activity, it is more likely that the court will punish him or her more severely. In California, there are two overarching penalties that courts use as baselines for any punishments: simple assault and battery. The basic punishment for simple assault is up to six months in county jail and $1,000 fine, probation, and restitution to the victims. A simple assault is a misdemeanor. The punishment for battery is more severe. If the court considers the incident a misdemeanor, it can punish the defendant with up to six months in county jail and a maximum of $2,000 fine. If the battery was more severe, the court can consider it a felony. A person convicted of a felony can face up to three years in county jail or state prison, a fine of between $2,000 and $10,000, probation, and restitution to the victims. This is why it is important to contact a Riverside Battery lawyer to defend you and reduce the penalties or even clear your name.
Potential Defenses for Assault and Battery
Defense against PC 24o charges will usually fall into one of three categories: False Allegation, Accident, or Self Defense. A defense attorney for an assault or battery case has options to justify the defendant’s actions. A Riverside criminal attorney could argue that the defendant was acting in self-defense. To prove that it was self-defense, the defense attorney must show the court that someone threatened the defendant, the defendant feared or expected harm, the defendant did not provoke anyone, and there was no chance or opportunity to escape the situation. Another possible defense is that the defendant was defending others or protecting his or her property. The defendant must have had a serious and reasonable fear that another person would suffer an injury. The defense attorney could also attempt to prove that the defendant was preventing damage to his or her property. Various states see property defense differently, but in some places, it can justify a person injuring or threatening someone else. A good Riverside Assault Lawyer can help you build up a strong qualified defense.
Legal Differences Between Assault and Battery in CA?
Under the California penal code, a person who has committed assault intentionally attempted to physically injure the victim or made a threatening act or statement, causing the victim to believe he or she was about to be attacked. Assault does not have to involve physical contact. In contrast, battery is the intentional and unlawful use of force against another person. Battery may or may not involve threats that led the victim to believe he or she faced attack. Under California law, assault and battery can be a misdemeanor or a felony; they “wobble” based on the severity of the crime and the prosecution’s discretion.
Types of Assault and Battery
Whether you face felony or misdemeanor charges depends on the type of assault or battery. Whether the charge is a felony or misdemeanor will also influence sentencing. For example, if you punch someone during a heated argument, it is simple assault. Threat crimes attorneys in Riverside proclaim you could be charged with simple assault if you threaten to attack someone and act in such a way that shows you intended to carry out your threat; for example, threatening to hit a co-worker with a stapler while brandishing the stapler over your head. The victim’s identity is crucial. Many professions carry the risk of simple assault; for example, doctors and nurses face this frequently, especially in the emergency room. However, the penalty would be stiffer if you assault a doctor, nurse, or police officer than it would be if you assaulted a coworker. Severe penalties exist for assaulting teachers and school administrators, as well. Simple battery is the most straightforward example of this type of crime. It includes punching someone, otherwise physically injuring them, or hitting them with a small object. Unlike assault, the mere threat to attack someone does not constitute battery. Again, the victim’s identity will influence the charges you face. Punishments are more severe if the victim is:
- An intimate partner or family member (this is considered domestic violence battery)
- A disabled adult
- An elderly person
- Any school employee
- Any sports official performing during a sporting event
- Anyone on school or hospital grounds or in a public park
- Anyone on public transit property or in a public transit vehicle
For information on specific Weapon types of assault please talk to our Riverside assault with a deadly weapon lawyer. Also, if you have more questions regarding domestic violence charges, contact our experienced Riverside domestic violence lawyer for a free consultation.
Penalties for Riverside Assault and/or Battery Crimes
The punishment for assault and battery varies depending on the type you are charged with and against whom you allegedly committed the crime. Punishment can include fines of up to $1,000 or $2,000 if the alleged victim issued parking tickets, as well as up to a year in jail and probation lasting six months to one year. However, a skilled Riverside assault attorney can help to clear your name, and record, all together.
What’s it mean to willfully commit (pc 240) assault?
Someone commits an act “willfully” under (PC 240) assault when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.
What is PC 245(a)(4): Assault by Means of Force/ Great Bodily Injury?
Penal Code 245(a)(4) is the most common form of felony assault in Riverside County, CA. To be charged with assault by force or great bodily injury, the injury mast be significant and substantial, meaning greater than minor or moderate harm. To prove a defendant guilty, the prosecutor must prove five things:
- That the defendant did an act that by its nature would directly and probably result in the application of force to a person;
- The force used was likely to produce great bodily injury
- The defendant did that act willfully;
- When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone;
- When the defendant acted, he/she had the present ability to apply force likely;
- The defendant did not act in self-defense or defense of someone else.
Schedule a Free Consultation with Our Riverside Assault Lawyer
Riverside battery and assault attorney Graham Donath and his team have years of experience defending felonies, misdemeanors, and cases that tend to “wobble.” Contact our Riverside office, and bring any documents, photos, or other physical evidence to your appointment that could prove you did not commit the crime. Write down any questions you have, and be prepared to ask them during our free consultation. Our legal team has defended clients against violent crime charges throughout the Inland Empire.
Client Review:
“I got arrested after I was accused of domestic violence. I was referred to Mr. Donath by some attorney in court on my first court date and called him. Boy am I glad I did. A few months later and all criminal charges dismissed and all I had to do was pay a fine. I can’t say enough about what a great and trustworthy lawyer he was.” -Jeff W.
