Orange County Assault and Battery Lawyer

Being charged with assault or battery can be a scary situation. But don’t worry – a good Orange County assault and battery lawyer can help. I’m here to explain these charges in simple terms and give some advice if you’re facing accusations.

First off, what’s the difference between assault and battery? Basically, assault is when someone tries to hurt you but doesn’t actually touch you. Like if someone swings a fist at you but misses. Battery is when they actually do make contact and hurt you, like if that punch lands.

Now, there’s different types of assault and battery charges in California. Simple assault or battery is just a misdemeanor – not too serious. The max punishment is 6 months in jail or a $1000 fine for assault, and 6 months or $2000 for battery. But aggravated assault or battery – when someone uses a weapon or causes serious injuries – that’s a felony. Way more serious with years in prison as a possibility.

What Makes These Charges Worse

There’s a few things that can make an assault or battery charge more serious:

• Using a weapon – like a knife, bat, or gun
• Causing serious injuries that need medical treatment
• Assaulting a police officer or other protected person
• Having a previous conviction for a similar crime

Domestic violence and elder abuse are also taken very seriously. Assaulting a spouse, family member, or someone 65+ brings harsher punishments.

Common Defenses

But don’t lose hope! An experienced Orange County assault and battery lawyer can raise defenses to fight the charges. Here’s some of the most common ones:

• Self-defense – You acted reasonably to protect yourself from harm
• False accusations – The alleged victim is lying or mistaken
• Lack of intent – It was an accident, not intentional
• Consent – The “victim” agreed to the physical contact
• Misidentification – You weren’t the person involved

An attorney may also argue the prosecution hasn’t met the burden of proof or challenge technicalities like how evidence was collected.

What Should You Do?

If you’re charged with assault or battery in Orange County, here’s my advice:

1. Don’t talk to the police without a lawyer present – anything you say can be used against you.
2. Hire an experienced criminal defense attorney as soon as possible.
3. Follow your lawyer’s instructions – they know how to build the best defense.
4. Avoid social media posts about your case while it’s pending.
5. Consider counseling or anger management if appropriate.