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Assault and Battery Defense Attorney in San Francisco Bay Area |
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San Francisco Bay Area Assault Attorney |
Have You Been Charged with Assault and Battery in The Bay Area?
The consequences of being charged with assault and battery in California could be very serious. You could be facing county jail time or many years in state prison depending on the offense and severity of the assault and battery crime.
Consequences of Assault and Battery Conviction in California
- County jail or state prison time
- A permanent criminal record
- Significant fines
- Probation
- Parole
- Mandatory anger management classes
- Losing your right to own a deadly weapon
- Lifetime revocation of your California Driver’s License
Harjot "Ginny" Walia represents assault & battery clients charged with crimes in the San Francisco Bay area and other cities throughout Northern California. Phone: 1 (510) 887-5910
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Expert Assault and Battery Criminal Defense Representation
Get Ginny Walia, a criminal defense attorney with experience in these matters, to represent you in your assault and battery case. The Bay Area criminal defense attorney Ginny Walia will defend your rights and get you a fair trial. Call Walia Law Firm now for a free consultation to discuss your assault and battery case.
San Francisco Criminal Defense
Office
Call: 1 (415) 819-1853
Hayward Criminal Defense Office
Call: 1 (510) 887-5910
California Assault Charges
The victim has not actually been touched, but only threatened, "the unlawful attempt to violently injure another person." Various types of behavior are included in the definition of assault, even threats and attempts to physically injure someone would qualify as an assault. A San Francisco Criminal Defense Attorney can help you with assault charges in all bay area counties.
California Battery Charges
The victim has been actually touched by the person committing the crime, "unwanted touching of another person, or anything connected to that person." Considered offensive, the definition of battery includes an intended act and without consent of the person being affected. The primary difference between assault and battery is that battery requires more than merely the verbal threat of harm. A San Francisco Criminal Defense Attorney can help you with battery charges in all bay area counties.
Once arrested, you must be advised of your constitutional rights (the "Miranda Warning") before any further questioning takes place. You have the right to have a lawyer present during your questioning. Simple assault and battery are considered misdemeanors and subject the defendant to potential county jail time. Severe assault and battery, including the presence of firearms, may increase the sentence to up to many years in the state prison, to be determined by the judge.
Applicable California Law Sections for Assault and Battery:
- California Penal Code Section 240, is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
- California Penal Code Section 242, willful and unlawful use of force or violence upon the person of another.
- California Penal Code 243.4. (a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.
- California Penal Code Section 245(a)(1) “any person who commits an assault upon the person of another with a deadly weapon other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.”
Harjot "Ginny" Walia represents clients accused of crimes in San Francisco and all parts of the greater Bay Area.
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The materials contained in this website are for
informational purposes only and do not constitute
legal advice.
Trial Attorney Harjot "Ginny Walia" is a Bay Area criminal defense attorney and serves clients in the counties of Alameda, San Mateo, Marin, San Mateo, Santa Clara, Sacramento, San Joaquin San Jose, Fremont, Newark, San Francisco, San Rafael, San Mateo, Millbrae, San Bruno, South San Francisco, Oakland, Berkeley, Hayward, Pleasanton, Redwood City, Milpitas, Saratoga, Livermore, Richmond, Santa Clara, Palo Alto, Dublin California, Mountain View California, Mt. View California, Silicon Valley, South Bay, Campbell, Los Altos, Los Gatos, Sunnyvale California, Gilroy California, Los Angeles California, and San Diego California.
For legal advice, please contact Harjot "Ginny" Walia.
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©2010, Harjot "Ginny" Walia. All Rights Reserved. |
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