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Understanding Assault and Battery Charges in San Diego

by | Nov 16, 2018 | Battery

Although they are often confused and linked together, assault and battery are considered two different criminal charges in San Diego.  A person can be charged with assault if they attempt to violently injure another person.  Battery is the actual force that is used against that person.  When the battery is exceptionally serious, and the act is combined with the use of a deadly weapon, or there is the commission of a felony such as murder or rape, charges of aggravated battery can be filed.  Courts will also take into consideration a defendant’s past criminal history as well.

When charged as a misdemeanor, a conviction can result in up to six months in jail and a fine of $2,000.  When there is a conviction for a felony battery charge, a person can be punished by up to three years in jail and a fine of up to $10,000.

Your Attorney May Use Self-Defense as a Strategy

You have the right to defend yourself or someone else if you are being attacked and can prove it through eye-witness testimony and evidence in your case.  Your attorney must be able to show that you were genuinely concerned for your safety or the safety of others, and at times this can be an effective strategy for your attorney to use.  You can also use this defense when you are protecting your property as well.

At other times, especially when there are no witnesses or supporting evidence, a defendant can also claim that there was no battery that took place.  It is simply one person’s word against another’s.  It’s also possible to claim that any act was not intentional and was merely the result of carelessness.

When You Need to Defend Against a Charge of Battery in San Diego

The Law Office of Marc S. Kohnen is a recognized criminal defense firm that serves clients in San Diego and other nearby California communities such as Chula Vista, Eastlake, National City, Mission Valley, El Cajon, La Mesa, Julian, Ramona, Vista, and San Marcos.  For a free initial consultation, contact his office at (619) 398-2500 or complete this contact form.

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San Diego, CA 92101
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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Contact The Law Office of Marc S. Kohnen if you have been arrested and charged with a crime and need a skilled San Diego criminal defense lawyer. The firm represents clients throughout the community, and you can learn about their services by visiting the Areas We Serve page.

Office of Marc S. Kohnen
1350 Columbia Street, #700
San Diego, CA 92101
(619) 398-2500

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