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California Assault Attorney
San Francisco Assault Attorney
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Assault
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.
Battery
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.
Applicible California Law Sections:
- 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.”
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A San Francisco Burglary assault and Battery Attorney can represent you for California assault and/or battery charges in any of the cities and counties in the State of California. San Francisco criminal defense attorney Ginny represents clients in the County of San Francisco, Marin County, San Mateo County, Alameda County, Santa Clara county, Contra Costa County and San Joaquin County including the cities of San Francisco, San Rafael, Redwood City, South San Francisco, Fremont, Hayward, Oakland, Pleasanton, Alameda, San Jose, Palo Alto, Sunnyvale, San Martin, Martinez, Walnut Creek, Richmond, Concord, Pittsburg, Stockton. Federal Criminal Defense Attorney, Ginny Walia also represents clients in all of the Federal Courts in the State of California. |
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