Assault and Battery Criminal Defense Attorney John L. Michels

If you’re seeking the highest quality criminal defense attorney in and around Riverside, Temecula and Banning in Riverside County, assault and battery defense lawyer John L. Michels and his team of experienced professionals are here for you. Mr. Michels is an experienced, aggressive, and award winning attorney who zealously fights for his client’s rights. His work as a former prosecutor and a former Judge Pro Tem of the Riverside Superior Court, along with nearly two decades of experience as a criminal defense attorney, make him uniquely qualified to understand how the courts work in a case involving accusations of assault and battery in the state of California. Available 24/7, and offering complimentary consultation services, we can quickly look at the merits of your case and provide you with the guidance you need in uncertain times. You need someone in your corner – someone who can quickly establish your rights and support your liberty – John L. Michels will be the defender you need, and guide you through the complex legal processes surrounding your case.

Call: (951) 309-7500
Legal Help 24/7 in Riverside County

Assault And Battery California Law

California law has several penal codes applying to different instances of assault and battery incidents. Penal Code 242 refers to what is known as ‘simple battery’. This means the wilful and unlawful use of violence against another person. It covers quite a wide range of incidents, from simply touching the alleged victim in an offensive way, not causing any instance of pain or injury, to more complex cases which involve severe beatings causing substantial injury. There is also Penal Code 243(d) PC, which is used when a charge of battery has resulted in serious injury possibly requiring hospitalization. It is classed as a separate but related crime which can arise out of Penal Code 242. In Californian law, assault is treated as a distinct crime separate from battery. The terms are often used interchangeably, but in reality, they mean different things and have different legal outcomes. California laws on assault are wide-ranging, and they define assault as merely an attempt to use force or violence, even if no material damage is caused. When it comes to the laws in California on battery, however, that refers to the actual use of force or violence, and is treated as a separate crime.

What Is The Penalty for Assault or Battery in California?

JLM Assault And Battery PenaltyViolations of these two penal codes can be wide-ranging, and so too the potential punishments can vary widely. When John L. Michels and his team understand the charges brought against you and the circumstances surrounding them, we will be able to fully explore all potential defenses. California law enshrines Penal Code 240 PC, which refers to simple battery as a misdemeanor. The penalties that can be brought against you if you are accused and charged with Penal Code 240 PC in most cases are up to six months in a county jail and a fine of up to two thousand dollars. These may be used separately or combined. There are some potential complications depending on the individual you have been accused of harming. If you have committed battery against an EMT, a police officer, firefighter or some other types of public servants, then you may be looking at a felony crime instead, as you can be charged with battery on an officer of the peace. In this case, it all depends on the facts and the strength of your criminal defense lawyer, as this crime can either be charged as a misdemeanor or a felony, so a carefully established defense will be needed. A conviction for a felony in this case could result in a state prison sentence for either 16 months, two or three years. If your case does incur a felony charge, it could also fall under California’s Three Strike Laws. Put simply, this means that if you have a third strike conviction for a serious or violent felony, this charge could result in a prison sentence of 25 years to life. In any of these cases, you will need the best defense available to you.

What Is The Penalty For A Conviction Of Battery?

JLM Assault And Battery Firearm RightIn cases where you have been accused of battery, there are some additional outcomes which can occur. If convicted of a misdemeanor battery, you will be placed under probation for a period of three years. In addition to this, under California Penal Code Section 243(e)(2)(A) and 243(e)(2)(B) you may also be required to make a payment of up to $5,000 to a women’s refuge, pay for the costs of counselling for your victim and meet any other expenses which have been videntified as occurring directly from the actions you are accused of. There are some other conditions as well. Under California Penal Code Section 12021(c)(1), misdemeanor battery convictions carry a ten year firearms ban, and if you are convicted of any felony charge, such as felony battery charges, you will be banned from possessing firearms for life. This also goes for anyone convicted of a domestic violence charge, even one that is classed as a misdemeanor.

Riverside Legal Defense For Assault Or Battery?

It may be that you have been through a fairly minor altercation where no one appeared to be badly hurt – or even hurt at all. The fact is that you can still have charges brought against you in these cases, and you will need a skilled defense attorney to help guide your case. There are some available legal defenses, such as acting in self-defense or in defense of another person, or where you have not acted wilfully and it can be demonstrated as the result of an accident. In an incident where you were defending your property you may also have a very strong case. An experienced defense attorney will be able to properly assess your case and all the available defense and advise on the best course of action. It may be possible to get the charges dropped or have them significantly reduced. John L. Michels and his team are skilled in examining all angles of your case and crafting a defense that will best support you and ensure the best possible outcome for your circumstances.