Assault is defined as any willful attempt, combined with the present ability, to cause a violent injury to another person. Battery is the use of violent force on another individual. The penalties for such action can be serious; a conviction on assault charges can result in up to six months of imprisonment and a $1,000 fine (a conviction on a battery charge can result in a fine up to $2,000). If you or a loved one has been charged with assault and battery, you should contact one of our Newport Beach criminal defense attorneys. We proudly serve Orange County, Riverside County, and beyond, and are more than capable of handling your case.
Assault
An assault is committed when a person did an act that by its nature would directly and probably result in the application of force to the victim and the person did the act willfully and when the person acted, he or she was aware of facts that would lead a reasonable person to realize that his or her act by its nature would directly and probably result in the application of force to someone and when he or she acted, he or she had the present ability to apply force to the victim and the person did not act in self-defense or in defense of someone else. If you are facing these charges, contacting a specialist at Cole MacGregor & Collins, LLP might be your most important step, even if it is only for the free consultation.
"Application of force" and "apply force" mean to touch in a harmful or offensive manner. The slightest touching can be enough if it is done in a rude or angry way. The touching does not have to cause pain or injury of any kind.
The touching can be done indirectly by causing an object or someone else to touch the victim. The person does not have to actually touch the victim or does not have to intend to use force against the victim when he or she acted.
An assault is a misdemeanor. Call Cole MacGregor & Collins, LLP at 949-296-1018 today to set up a free consultation with an attorney who can give you clear and concise information about your rights and the choices available to you.
Battery
Battery is committed when a person willfully and unlawfully touched the victim in a harmful or offensive manner and the person did not act in self-defense or in defense of someone else or while reasonably disciplining a child. If you are facing these charges, contacting a specialist at Cole MacGregor & Collins, LLP might be your most important step, even if it is only for the free consultation.
The slightest touching can be enough to commit a battery if it is done in a rude or angry way. The touching does not have to cause pain or injury of any kind.
The touching can be done indirectly by causing an object or someone else to touch the other person.
A battery is a misdemeanor. Call MacGregor & Collins, LLP at 949-250-6097 today to set up a free consultation with an attorney who can give you clear and concise information about what your rights are.
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