San Diego Assault & Battery Defense Attorney
Being charged doesn’t mean you are guilty.
Assault happens when one person acts in a way to cause another person to believe he or she was in danger of unwanted bodily contact or actual immediate harm. Just because you are accused doesn’t mean you are guilty. You need an experienced San Diego assault and battery attorney on your side.
Defining assault and battery.
Assault is the threat of violence on another person, even if that person is not actually touched. Battery is the unwanted touching of another person with the intent to cause injury. Assault and battery are actually separate two crimes and can be prosecuted as either a misdemeanor or felony, depending on the situation. If a gun is involved, you’re talking 20 years in prison.
Domestic violence.
Domestic violence is subject to stiffer punishments and extensive statutes with extensive counseling requirements. If you are the subject of an emergency protective order or a temporary restraining order, you may find yourself legally forbidden from your own home, with no possessions or the ability to see your children. Domestic violence is a serious issue. The accused need serious legal defense to protect his or her rights and future.
Defending against assault and battery charges.
The Law Offices of Elliott N. Kanter will study and investigate your specific situation to formulate the best strategy. There are many ways to defend against such charges. We can explore the possibility of self-defense, mistaken identity, and lack of physical evidence. We may also be able to get the case thrown out if police entered your home illegally or violated your rights. We can negotiate the case to minimize the issues.
Assault and battery can be serious.
Being charged is a serious matter. You could end up in jail for up to 6 months or pay a fine up to $1,000. And if you get an enhancement—an action that results in more penalties—you could see more jail time:
- Assault/battery issuing great bodily injury (GBI): up to 4 years
- Assault/battery with a firearm: 20 years
- Assault/battery with a machine gun or semiautomatic weapon: add 12 years to your sentence
When you need an experienced assault and battery lawyer.
It can be a very frightening experience if you or someone in your family is charged with assault. But what you shouldn’t do is delay in calling an experienced lawyer who can get you through this difficult time with skill and compassion. So please call the Law Offices of Elliott N. Kanter at 619-330-5881 for a no-cost, no-obligation consultation today. Come in, tell us your side of the story, and together we’ll get started.