Assault is the attempt or threat of violence or bodily harm. Battery is the actual intentional touching or hitting of another person against their will. The penalties for both crimes when charged as misdemeanors are up to six months in county jail and/or a $1,000 fine. There are all kinds of assaults and batteries listed in the Penal Code, and the punishments vary. When these crimes are charged as felonies, the penalties are much more severe and you could potentially go to prison for many years. For these more serious felony cases, the charge is often assault with a deadly weapon (ADW) or assault by means likely to cause great bodily injury (GBI), both of which are strikes under California’s Three Strikes law.
Also, the DA or prosecutor may be able to add enhancements or special allegations to the main charge, for example, if the evidence shows that you used a gun, a knife, a baseball bat, or other weapon. Such enhancements include personal use of a weapon or causing serious bodily injury to the victim (GBI). When enhancements are added, you risk spending a lot more time in prison.
County Jail or State Prison
Probation or Parole
Having a criminal record (which may or may not be later expunged, reduced, or dismissed)
Fines and Fees involving hundreds or even thousands of dollars
Anger Management or Domestic Violence classes for up to a year (your time and money)
Community Service or Work (your time and money)
Restitution or Reimbursement to the victim for medical bills, property damage, etc
If ADW or GBI, a strike could result in longer prison sentence(s) now or if you commit future felonies
No longer able to own, use or possess a gun or weapon
Could affect current job or future employment
Could affect your Driver’s License
SEND IN YOUR CASE
Self-defense, mistaken identity, witness credibility, lack of intent, and lack of evidence (e.g., no evidence of any injury) are some of the most common defenses and issues which have come up during Attorney Grayson’s 15 years of successfully fighting assault and battery cases. These defenses and issues are especially evident where the so-called victim is much larger than you, had a weapon, started the fight, was intoxicated and/or using drugs at the time of the incident, exaggerated their injuries as compared against their medical records, and when the victim has a history of and a reputation for violence and/or a violent criminal record.
Also important is the fact that you have witnesses who were present and can corroborate your story; or that there were no witnesses at all, which means it is the victim’s word against your’s.
Police officers are usually not present when assaults and batteries occur, but they can still be important witnesses. They can be important if, for example, they find a weapon when you or your property are searched (never consent or agree to a search!), they see injuries on the victim’s face or body and then take photographs, you say something incriminating (never talk to the police!), etc. Such searches may be illegal, and if they are, the evidence could be suppressed and your case dismissed.
Either way, as an experienced and skilled attorney, Tracy Grayson will thoroughly review, investigate and prepare your case, interview prosecution and defense witnesses, obtain additional discovery, research complexities in the law, prepare motions, appoint experts, aggressively fight for your freedom in court, and make certain that we do everything possible to win your case.
Mr. Grayson has an outstanding trial and settlement track record for assault and battery cases. He has beaten many of these cases by winning at trial or by getting a dismissal, especially in domestic violence cases. Otherwise, most of his clients have been granted probation with no jail time. The worst outcome has usually been that the client had to go to counseling and perform community service and/or pay a fine.