Because assault charges are considered a crime of violence, they are not to be taken lightly. In order to avoid jail time for an assault and battery charge in Los Angeles, take the first step and contact a Los Angeles Assault Defense Attorney. The Defense Attorneys at Shield Criminal Defense Law have over a decade of experience successfully defending misdemeanor and felony assault cases in California and are ready to help you now. Call us for a free consultation at (213)
Did you know?
You can be charged with, and convicted of simple assault even if no one was physically hurt by your behavior. As a result, far too many people who have no criminal history, and never thought they were doing anything that was against the law, get convicted and
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If the victim is injured, or suffered physical or emotional distress, they have the right to sue in civil court, where you may be ordered to pay monetary damages such as medical bills, compensation for the victim’s lost days at work, and even money for the pain and suffering caused to the victim.
Civil liability may be proven even if you are found not guilty in the criminal court system.
How can my assault charge be defended?
A California criminal defense attorney can help. There are several defense strategies that we can use to fight these charges. These include:
• You did not have the physical ability to inflict force/violence on the other person
• You were protecting yourself or someone else
• One of the most common defenses is self-defense or defense of others. In assault and battery cases, we can use this defense if:
• You believed you were under threat of violence; or
• You were acting to defend someone else from physical harm
• You did not act deliberately or with malicious intent
• You were wrongfully
The charges stem from a Feb. 23 incident and a series of incidents leading up to that.
The first thing that one needs to consider is the situation that victims are normally under. No one chooses to be in an accident, it is something that is unexpected. Because of that those who are affected are often not at a point financially where they can handle the results of the accident such as lost time at work, medical bills, and other associated cost. Worsening the situation is the fact that the injuring party in the accident often does not want to compensate the victims for their actions. This results in an even
Physical abuse takes many forms including hitting, punching, pulling hair, slapping, grabbing, biting, kicking, breaking bones, bruising, burning, twisting arms, throwing victims against walls and furniture, throwing objects and using weapons. It also includes damaging household goods, killing pets, and denial of human needs, like sleep and nutrition. Assault can be of a life-threatening nature resulting in broken bones, miscarriages and other serious injuries. A substantial proportion of victims are threatened or assaulted with weapons such as knives,
Hilton, N Zoe, ed. Legal Responses to Wife Assault: Current Trends and Evaluations. Newbury Park: SAGE Pub. Inc. 1993.
The crime of indecent assault and battery occurs when an attacker, has non-consensual physical contact with a person in a sexual manner. This could be any unwarranted physical contact to a person’s private body. This assault is punishable to up to five years in prison.
There are many cases where self- defense has been used as a plea where the victim felt they were in harms’ way or unable to escape a specific situation that ended badly. The definition for self- defense is: 1. Defense of oneself when physically attacked 2. Defense of what belongs to oneself, as ones work or reputation 3. (Law) the right to protect oneself against violence or threatened violence with whatever force or means reasonable or necessary. According to an expert on battered women, a woman must experience at least two complete battering cycles before being labeled a battered woman. (Walker) According to Dowd, “he believes the proper use of BWS assists the fact finder to understand the state of mind of the battered woman at the time she fought back against her abuser.”(1) Women should be able to use BWS as a plea when habitual abuse occurs within a relationship with a significant other and results in violence or worse death.
Domestic Violence cases are very hard to handle. Whether you are a police officer,EMT, or first responders, lawyers, judges, and etc. These types of situations can be dangerous for the victim and the law enforcement agent working the case. With the long hours, and endless pain and stress that goes into working these cases, the dedicated officials carry the weight with them daily. As a law enforcement agent, their job is to protect and serve. Through research and interviews, with professionals in this field. How comfortable would you be coming into a home where someone’s life is being threatened, and you have no idea what the abuser has in the home? Are you willing to risk your life or family’s life to defend the a stranger’s life?
Assault is an intentional or reckless act that causes someone to put in fear of immediate physical harm, e.g. pointing a gun at the claimant by the defendant, the claimant need not know if the gun is real one. Assault must be intentional, direct and immediate. Battery is the intentional or reckless application of physical force to another person. While, false imprisonment is an unlawful restriction of the claimant’s freedom of movement by the defendant.
This comes out to be actual bodily harm. Lastly, the assault must cause “actual bodily harm.” This means that it must interfere with the person’s health or
show only that the defendant was legally responsible for the death. But, to get punitive damages, as the plaintiffs did in the O.J. case, and the case is still in place. you have to show that the defendant acted recklessly. The burden of proof in a civil case is preponderance of the evidence -- a much lesser burden than is required in a criminal case. So, while a criminal jury might reasonably fail to find guilt beyond a. reasonable doubt and acquit the accused, a civil jury might also.
Damages – if the other party cause’s drastic damages that cost the other party or affect it negatively than the other party can sue and take them to court of law, and the court may claim that the affected party may be paid and be taken back to its original position as it was
The very first thing you need to do after you are falsely accused of a crime is find a criminal defense attorney and let them know the charges you face. You also need to let them know that you did not commit the crime. You are going to have to work closely with your attorney if you want to fight the charges against you.
Rape is considered any sexual act that is forced upon a person. Every year there are more than 100,000 rapes reported in the United States. Victims of rape often suffer from post-traumatic stress disorder and rape trauma syndrome. The effects of being raped impact the lives of the victims and their families forever.
It stands that under law, if a defendant can past the five elements of proving their attacker as dangerous and a threat, then no criminal charges will be filed against them (National Paralegal College,
Accidents occur in the workplace but in secret. These most of the time lead to physical and mental injuries that might affect the worker way of living for the rest of their lives. It is estimated that more than 337 million workers get injured in their place of work or in the course of work every year leading to work-related diseases causing about 2.3 million deaths per year (United States Department of Labor, n.d.).