SACRAMENTO CRIMINAL DEFENSE ATTORNEY
ASSAULT & BATTERY
Most domestic battery arrests occur in the home, and most simple non-domestic battery arrests occur in bars or public places. Regardless of the type of battery, they both usually begin by someone calling the police on a recorded 911 call. In many instances the “victim” does not want to have the Defendant arrested.
Aside from driving charges like DUI or driving while license suspended, assault and battery charges levied against individuals are a close third in the total number of arrests for criminal charges in the State of California. An arrest for a battery often occurs in the house, in front of children, friends, or family members. The stigma attached to having a battery conviction can have dramatic consequences, since it is a crime of violence
California law enforcement is trained to arrest individuals if they believe they can prove who the primary aggressor(s) is, or if there are visible signs of injury. It is important to remember, that burden for an arrest in California is probable cause. That does NOT mean that you are guilty beyond a reasonable doubt of the charge you were arrested for. Getting a trained battery lawyer on your side must be done fast, as evidence such as videos, witness statements, receipts, and pictures of injury to alleged defendants will disappear as time goes on.
ASSAULT WITH A DEADLY WEAPON
In California, assault with a deadly weapon could result in harsh penalties. Assault with a deadly weapon is not taken lightly in California so it’s best to contact an attorney who can help you if you’re facing such charges. It can be charged as either a misdemeanor or felony depending on the type of weapon used, whether the alleged victim was injured and the seriousness of that injury. In order to be convicted, the prosecutor must prove that a defendant assaulted someone and the assault was committed using a deadly weapon or other means of force likely to cause great bodily injury.
A “deadly weapon” can be any object, even rocks, pens, or other items found in our daily lives that can be picked up and used to attack someone. When any California criminal law requires an attempt,it means that the action must have been done with intent and purpose. This category can become very ambiguous so it’s best to contact an attorney who can help with your case specifically.
Because assault with a deadly weapon is considered a “wobbler”, the sentence depends on whether the offense is charged as a misdemeanor or felony. If you are convicted of felony you could be facing an assault with a deadly weapon sentence of up to 4 years in county jail and required to pay a fine of $10,000.
If you are found guilty of misdemeanor assault with a deadly weapon using a deadly weapon other than a firearm, you can be sentenced up to a year in jail and required to pay a fine of up to $10,000. The court has a discretion in determining sentences and punishments. If you are placed on probation, the court will impose specific terms of probation that apply to the crime.
Contact an experienced Sacramento criminal defense attorney who can help you immediately.
CONTACT A SACRAMENTO CRIMINAL DEFENSE ATTORNEY
The Law Offices of Alin Cintean offers comprehensive criminal defense from the beginning of your case through the final appeal. Let our Sacramento criminal defense lawyer defend your rights. Contact us online or by telephone at (916) 441-3500 to arrange a personal consultation with Alin Cintean today.
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