Aggrevated Assault

An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)

Simple Assault

An unlawful touching of another person. A typical example of this offense occurs during a barfight or conflict on the sidewalk where one person punches, slaps or kicks another. These cases are very defensible and should be litigated fully. Eyewitnesses are usually lined up with either the complaining party or the defense so that manipulation of testimony is very common.

Battery

Battery is defined as the unlawful touching of a person by another without consent. Battery takes many forms. It can be a simple battery such as a fistfight in a bar. Battery is usually charges as a misdemeanor, along with assault. See my page on assault for further information on that charge.

There is also the crime of sexual battery where one person touches the intimate part of another person while that person is unlawfully restrained by the accused or his accomplice, and if the touching is against the will of the person touched, and its for the purpose of sexual arousal, gratification or abuse. Sexual battery can be punished by probation, county jail, or state prison.

Battery cases also include domestic violence matters, where one spouse or significant other hits another during a fight. Please see my domestic violence page for more information on that offense. Punishment for domestic violence often includes a yearlong Batterers program as well as probation and fines. Frequently the courts will order the defendant to stay way from the victim for a period of time, up to 3 years.

I believe the Constitution matters most when it serves the individual against the awesome power of the State. A good lawyer is the only protection between you and the Police, the Court, and the the District Attorney. I will defend anyone accused of wrongdoing, regardless of the charge. Call me at (714) 834-1400 or contact me online to discuss your matter confidentially 24 hours a day.