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The Law Office of Brian C. Andritch Assault & Battery

Fresno Assault and Battery Attorney

Protecting You From Violent Crime Charges

Assault and battery are two different offenses that are often charged together. The crime of assault occurs when one person threatens another or puts them in fear of bodily harm. Battery occurs when actual harm is inflicted or attempts are made to harm the other person.

If you have been arrested for assault and battery, it is essential that you act quickly to hire a Fresno criminal defense attorney. Violent crimes are taken very seriously by law enforcement, judges, prosecutors, and most juries. At our firm, we bring more than 18 years of experience to the table, defending clients against a wide range of violent crimes. 

With 8 years of experience as a Fresno County prosecutor, assault and battery attorney Brian Andritch knows how the opposition will approach your case. Call (559) 484-2112 or reach out online today to learn more about your legal options.

Understanding Assault and Battery in California

It’s essential to understand the difference between these two charges to determine how best to approach your defense.

Assault

Under California Penal Code 240, assault occurs when a person willfully attempts to use force or violence against another individual, but without actually causing physical injury. The key aspect of assault is the attempt to inflict harm, rather than causing harm itself.

For a charge of assault, the prosecution must prove the following elements:

  • The defendant willfully attempted to use force or violence against another person.
  • The defendant had the present ability to carry out that use of force.
  • The defendant acted willfully (i.e., with intent), and not by accident or negligence.

Battery

Battery is defined under California Penal Code 242 as the willful and unlawful use of force or violence upon another person. Unlike assault, which only requires an attempt to use force, battery involves actual physical contact with the victim.

To be convicted of battery, the prosecution must prove the following elements:

  • The defendant used force or violence against another person.
  • The defendant's actions were willful and unlawful.
  • The victim did not consent to the contact.

How Is Assault and Battery Charged?

In many cases, assault and battery are charged as separate misdemeanors. However, if serious bodily harm was done or if there are special circumstances involved, you could be facing felony charges. For example, if you are accused of the use of a deadly weapon, the victim is a public official, or have allegedly inflicted life-threatening injuries. Our Fresno assault and battery lawyer can work closely with you to defend your rights and seek a favorable outcome.

A few examples of assault and battery charges you could face include:

  • Simple battery
  • Simple assault
  • Aggravated battery
  • Aggravated assault
  • Assault with a deadly weapon
  • Domestic battery

Penalties for Assault and Battery

The penalties for assault and battery charges in California depend on the severity of the offense, the extent of harm caused to the victim, and whether any aggravating factors are involved, such as the use of a weapon.

  • Simple assault, which involves an attempt to commit violence without causing injury, is typically a misdemeanor with penalties including up to 6 months in county jail and/or a fine of up to $1,000.
  • Aggravated assault, which involves specific aggravating factors, such as assaulting a law enforcement officer or using a firearm, can be more severe. This may lead to felony charges which carry 2, 3, or 4 years in state prison and/or substantial fines.
  • Simple battery, classified as a misdemeanor, carries up to 6 months in county jail, and/or a fine of up to $2,000.
  • Aggravated battery, which can result in serious bodily injury to the victim or involves the use of a weapon, has more severe penalties, potentially including 2 to 4 years in state prison and/or a fine of up to $10,000.

Defenses Against Assault and Battery Charges

There are several defenses that a Fresno assault and battery attorney may use to challenge assault and battery charges, depending on the specifics of the case. Common defenses include self-defense, where the defendant used reasonable force to protect themselves or others from imminent harm, and false allegations, which claim the charges are based on mistaken or malicious accusations. Another defense is lack of intent, where the defendant argues their actions were accidental and not meant to harm the victim.

The defense of others is another valid argument, where force was used to protect someone else from harm. Additionally, consent can be a defense in situations where the victim agreed to the physical contact, such as in certain sports or consensual altercations. A Fresno assault and battery lawyer will assess the facts and evidence to determine the best defense strategy for your case.

Hire a Fresno Criminal Defense Attorney with 18+ Years' Experience

You should never attempt to fight your legal charges on your own without experienced representation on your side. The sooner you speak with an assault and battery lawyer in Fresno about your charges, the better. You can rely on our former prosecutor attorney and seasoned legal team to take the time to explain your charges, build a strong defense strategy, and work towards a positive outcome. 

We are available 24/7 to take your call and are prepared to address all of your concerns. Contact us today at (559) 484-2112 to set up a free initial consultation.

What Sets Us Apart

Why Choose The Law Office of Brian C. Andritch?

  • Free Consultation to Get Your Defense Started
  • Thousands of Cases Dismissed
  • Available to Help You 24/7
  • Experience as a Former Prosecutor

Client Testimonials

Feedback from Real People We've Helped
    "Mr. Andritch Is An Excellent Lawyer"
    He has proved to be trustworthy and caring which I find rare in a lawyer.
    - Former Client
    "Trust Me, Save Yourself Money & a Headache and Hire Brian"
    He was very informative and helpful.
    - Former Client
    "I Never Once Felt Like I Was Just Another Case"
    He really eased my mind while going through the process.
    - Former Client
    "Gave Me the Best Outcome I Could Have Hoped For"
    An honest and hardworking lawyer who has training and years of experience working with DUI's in the County of Fresno.
    - Former Client
    "Awesome, Experienced Attorney - Excellent Work Ethic"
    This guy goes above and beyond for his clients.
    - Former Client
    "Saved Me Lots of Money & Time"
    Kept me from having to spend any jail time.
    - Former Client
    "He Delivered All His Promises!"
    Was also careful to give me a straightforward account of what to expect during and after my case.
    - Former Client
    "He Will Help You To The End!"
    I cannot explain much but if you are in need of help Brian is the person to go to.
    - Former Client

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The Law Office of Brian C. Andritch The Law Office of Brian C. Andritch
Contact 559-484-2112
Address
2140 Merced Street
Suite 105
Fresno, CA 93721
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