What Are Common Assault & Battery Defense Strategies?
At Alimouri & Alimouri, we create a defense strategy based on the unique facts of your case, not a generic approach. Depending on your situation, our strategy may include the following:
- Self-Defense or Defense of Others – California law allows a person to use reasonable force to protect themselves or someone else from imminent harm.
- Constitutional Violations – Any evidence the state obtains through an unlawful stop, search, or interrogation may be subject to suppression.
- Consent – In some battery cases, such as those involving contact sports or competitive combat, the alleged victim may have consented to the contact in question.
- Mistaken Identity – Eyewitness accounts may contain errors that our investigators can expose.
- Insufficient Evidence – Sometimes, the state’s case may rely on inconsistent statements or a lack of corroborating proof.
What Are the Penalties for Assault & Battery Convictions in California?
Penalties can differ a lot depending on the charge, how serious any injury is, and the person’s criminal history. For example, a misdemeanor simple assault can mean up to six months in county jail and a fine of up to $1,000. Simple battery as a misdemeanor has similar penalties.
Felony charges such as assault with a deadly weapon or aggravated battery can lead to two to four years in state prison, and some serious offenses can mean even longer sentences. A conviction might also count as a strike under California’s Three Strikes law and bring mandatory counseling, protective orders, and loss of some civil rights.
Mr. Alimouri has a comprehensive understanding of these potential consequences and what it takes to reduce or fully eliminate them at every stage of your case.
What Are the Differences Between State and Federal Assault & Battery Charges?
State and federal assault and battery cases differ in several important ways, including the following:
- Jurisdiction – State charges typically arise from incidents within California’s borders. Federal charges apply to offenses that occur on federal property or across state borders.
- Legal Statutes – State cases are charged under the California Penal Code, while federal cases are charged under Title 18 of the U.S. Code.
- Prosecution Agencies – The Los Angeles County District Attorney’s Office prosecutes state cases. The U.S. Attorney’s Office prosecutes federal cases.
- Sentencing Guidelines – Federal sentencing follows the U.S. Sentencing Guidelines, which often yield different, harsher outcomes than California’s state sentencing framework.
How Can You Protect Your Rights After Being Arrested for Assault & Battery in Los Angeles?
What you do in the hours and days after an arrest can shape the outcome of your case. The following are some steps you can take to protect yourself:
- Exercise your right to remain silent while in custody.
- Do not answer any questions beyond basic identification queries.
- Request a Los Angeles battery defense lawyer as soon as possible.
- Write down everything you remember about the incident while it’s fresh.
- Don’t contact the alleged victim under any circumstances.
- Avoid discussing your case with friends and family or on social media.
