In California, if you’re charged with the crimes of assault or battery, you can raise various legal defenses to these charges. Both assault and battery are considered serious offenses under California law, but the legal system recognizes that there can be circumstances that mitigate or negate your culpability.

One of the defenses you may raise is self-defense. California law allows individuals to use force, including deadly force in certain situations, to protect themselves or others from imminent harm. If the defendant can demonstrate that they reasonably believed they were in danger of physical harm and that their use of force was necessary to defend against that danger, they may be able to justify their actions under the self-defense doctrine.

Another potential defense is defense of others. Similar to self-defense, this defense asserts that the defendant’s actions were undertaken to protect another person from harm, and the defendant believed their intervention was necessary and reasonable under the circumstances.

Additionally, you could argue that you acted without intent. Assault and battery charges typically require a certain level of intent or purposeful action. If the defendant can show that their actions were accidental or unintentional, it could undermine the prosecution’s case.

Mistaken identity is another possible defense. If you can prove that you were wrongly identified as the perpetrator of the assault or battery, this could cast doubt on your involvement in the alleged crime.

In cases where there is insufficient evidence, you might raise a lack of evidence defense. This involves challenging the prosecutor’s ability to prove the elements of the offense beyond a reasonable doubt.

It’s important to note that each case is unique and the viability of these defenses can depend on the specific facts and circumstances surrounding the incident. Consulting with an experienced criminal defense attorney is crucial in order to determine the most appropriate defense strategy based on the details of your case and the nuances of California law.

Before your court date, you need your questions answered about your assault and battery charges. Free advice from the internet may not be so helpful, and without a lawyer on your side, it is easy to make a mistake.

Contact one of our criminal defense attorneys to learn more if you need specific legal advice. You can also read more about these charges while waiting for your consultation.

What is first-degree assault or battery? Second-degree? Third-degree?

While some states use the terms “first-degree”, “second-degree”, and “third-degree” to categorize levels of assault, California’s penal code is a little bit different. Generally, “first-degree” signifies the most serious version of a crime. In California, the most severe form of assault which would be comparable to first-degree assault would be assault with a deadly weapon. Second-degree assault would likely be comparable to California’s “aggravated assault” charge. And, third-degree assault would be closest to simple assault.

Similarly, for battery there are different levels. Simple battery is considered less severe than aggravated battery, or “battery causing serious bodily injury.”

What is the statute of limitations on assault and battery?

The statute of limitations on assault and battery depends on the severity of the type of assault or battery. For example, simple assault has a one year time limit to be charged. Certain felonies may have a time limit of ten years, while others may be filed at any time, with no deadline to prosecute.

If you are unsure whether the statute of limitations has passed for the criminal charges you are facing, reach out for guidance. Your attorney can help you get the answers you need and help you build a strong defense.

How long can you go to jail for assault and battery in California?

When a police officer carries out a warrant for your arrest, you may be in jail for a short time while awaiting your assault and battery trial. But how long could you spend in jail if you are convicted?

The answer depends on the degree of severity. For example, you may face a longer sentence for assault with a deadly weapon instead of a simple assault. The length of time also depends on whether you have previous strikes under California’s three-strikes law. Talk to your attorney about the specifics of your case to understand exactly what penalties you may face.