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CONTACT US |
11755 Wilshire Blvd., 15th Floor
Los Angeles, California 90025
Phone: 310. 477. 2100
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Los Angeles,
California,
Criminal Defense Attorney: Assault & Battery
Los Angeles Criminal Defense Attorney, Jeffery K.
Reubenstein, Esq., is one of Los Angeles, California's top Criminal
Defense Lawyer's defending Assault & Battery cases.
Los Angeles Criminal Defense Attorney, Jeffery K.
Rubenstein, Esq., is one of Los Angeles, California's top Criminal
Defense Lawyers. The criminal defense attorney, who practices in
Los Angeles, is one of California's top Criminal Defense Attorney's and
has successfully defended criminal cases for over 15 years. As a
former Los Angeles Deputy District Attorney, the California Criminal Defense
Attorney knows how to best represent your Assault & Battery case.
The Criminal Defense Attorneys of Jeffery K. Rubenstein,
Esq., located in Los Angeles, are considered "as good as it gets"
criminal defense lawyers who practice exclusively in the area of
criminal defense and specialize in all types of criminal matters in the
state of California. Our dedicated criminal defense trial lawyers
provide superior legal representation in defense of the accused. These
best in class California Criminal Defense Attorneys serve in every
county throughout the State of California.
People seldom fully comprehend the laws pertaining to assault and
battery charges in Los Angeles or anywhere in California. For example, few realize that, even if
there was no actual physical contact, you can still be charged for an
assault in California.
Criminal Defense Attorney, Jeffery K. Reubenstein, Esq. of Los Angeles
can help you understand the law and vigorously defend you from assault
and battery charges. The LA Criminal Defense attorney offers
free
confidential consultations to any prospective clients charged with
serious crimes in Los Angeles County or anywhere in the state of
California.
Legal definition of Battery: the willful and
unlawful of force or violence upon the person of another.
Legal definition of Assault: unlawful attempt,
coupled with a present ability, to commit a violent injury on the person
of another.
Defenses Against Assault and Battery Charges
LA Criminal Defense Attorney, Jeffery K. Reubenstein, Esq. has
successfully represented multitudes of people charged with assault and
battery for well over 15 years. After examining your personal case, the
LA Criminal Defense Attorney can propose many different types of
defense, including:
Lack of intent, such as an accident. The crime of battery
requires that the defendant actually intended to commit a ‘willful and
unlawful use of force or violence upon the person of another.’ If the
injuries were made by accident, it does not qualify.
Self defense. It is not assault and battery if you were simply
defending yourself from an attack.
Defense of other people or defense of property. Similarly, it
does not qualify as battery if the physical contact were made against
someone trying to attack other people or property.
An important factor in any assault and battery criminal defense in
California is the extent of the injury. If the alleged victim has slight
or no injury, it most often is charged as a misdemeanor. If significant
injury occurs, such as cuts requiring stitches or broken bones, then the
offense is charged as a felony. In some cases, the offense may be
charged as a strike under California's "three strikes" law.
CALIFORNIA ASSAULT AND BATTERY LAWS
Assault and Battery cases range from simple confrontations and bar
fights to domestic violence and assault and battery with a deadly
weapon. Under California criminal law, charges for these offenses range
from misdemeanors to felonies, and include:
Assault: (simple Assault) an unlawful attempt, coupled with
present ability to commit a violent injury upon another person. Assault
can only
be charged as a misdemeanor.
Sexual Battery: a person who touches an
intimate part of another person while that person is unlawfully
restrained by the accused, and if the touching is against the will of
the person touched and is for the purpose of sexual arousal, sexual
gratification, is guilty of sexual battery. Sexual battery will not be a
registered sex offender for life. If you have been
accused of sexual assault, seek the advice of Los Angeles Criminal
Defense Attorney, Jeffery K. Reubenstein, Esq.
Assault on a Police Officer: an unlawful attempt to commit a
violent injury upon a police office, firefighter, EMT, or code
enforcement officer.
Assault with a Deadly Weapon: using a weapon (other than a
firearm) of any kind by means of force likely to produce great bodily
injury (GBI). Any object can be a “deadly weapon”. Can be charged as a misdemeanor or felony. A conviction
for this offense may be considered a 'Strike” under the California Three
Strikes Law. Use of a car as a deadly weapon could mean lifetime
revocation of your California Driver’s License.
Assault with a Firearm: an assault on another
person with a firearm. Assault with a firearm is a straight
felony.
Battery (simple Battery): willful and unlawful
use of force or violence against another person. Battery (simple
battery) can only be charged as a misdemeanor, battery on certain types
of officers is a misdemeanor or a felony, if there is serious bodily
injury it is a felony, if it is against a spouse it is a misdemeanor (or
can be a felony depending on the injury).
Battery with Injury: when a battery is committed against another
person and serious bodily injury occurs the battery can be charged
either as a misdemeanor or felony.
Battery on a Police Officer: intentional and unlawful touching,
striking, or hitting of a police officer.
Domestic Violence: corporal bodily injury to a family member or a
party one has been living with, resulting in a traumatic condition.
Mayhem: disabling or disfiguring a victim’s body part.
For example, a cut lip will not be mayhem. Permanent disfigurement is
usually the standard as to whether something is considered mayhem. If
charged with Mayhem you can be charged as a felony.
Torture: causing cruel or extreme pain or suffering by inflicting
great bodily injury.
In the state of California, you have a time limitation in which you can
file a civil case against someone for assault and/or battery. However,
if you have been accused of committing the crime of assault and/or
battery, different time limitations apply. The criminal statute of
limitations in which the State of California has to file a criminal case
against you depends on a variety of factors, including the severity of
any injury imposed.
Assault & Battery Attorney & Defense Lawyer, Jeffery Rubenstein, Los
Angeles, California:
You should act promptly if you’ve been arrested or charged with assault
in California. The earlier you involve a criminal defense attorney, the
better we can gather evidence, interview witnesses and to address other
important issues in your case.
If you have been charged with Assault and Battery in Los
Angeles or anywhere in California, and are seeking a
"best in class" lawyer, Los Angeles Criminal Defense Attorney, Jeffery
Rubenstein, Esq. is the best attorney in the state of
California to handle your Assault & Battery case.
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