What is an Assault and Battery?

An assault is actually different than a battery. They are two separate crimes.

ASSAULT – Penal Code section 240 defines an assault as an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

BATTERY – Penal Code section 242 defines a battery as “any willful and unlawful use of force or violence upon the person of another.”

If you are being charged with a crime involving assault or battery, you should talk to an experienced defense lawyer who knows the ins and outs of defending against those allegations.

How Can Fiumara & Milligan Help?

We can appear in court for you. In most cases, we can appear in court for you, so you don’t have to miss work, school, OR family. We will make all court appearances and call you that very same day to give you a report.

How much time will this take?The amount of time it takes to resolve a case depends on the circumstances, but on average it takes about 2 to 3 months to resolve a case. If you end up going to trial, it can take even more time. Keep in mind, each case is different and there is no one size fits all.

What else will you do? We will use our vast and knowledgeable experience to defend you against the allegations being made against you and to make sure you are treated fairly. We understand the court procedure and we know the judges and the prosecutors, and they trust us. Plus, they know we are willing to go the distance for you and set your case for trial. We always will act in your best interest and keep you informed. We will always respond to your questions within 24 hours and certainly right away if an emergency 24/7.

Our Guarantee. It is against the law for us to make any guarantees about the outcome of your case, but we certainly will guarantee to do our very best to defend you!

What are Potential Defenses?

The following are just some of the potential defenses to an assault or battery allegation.

The assault or battery was unintentional. Many times our clients did not intend to commit an assault or a battery. For instance, if you are on the dance floor at a night club and your hand either accidently touches or comes very close to the guy’s face who is dancing next to you, that is not a crime because it was unintentional. 

The “victim” consented to the touching. There is no battery (or assault) if the alleged victim consented to the conduct. For instance, if two people are engaged in a playful wrestling match and one person gets a bloody nose, that is not a battery because the alleged victim agreed to wrestle. It is reasonably foreseeable that one may get a minor injury, such as a bloody nose or bruising during this type of play.

Civil Compromise. Pursuant to Penal Code sections 1377 and 1378, the alleged victim can request the judge dismiss the charges against our client in return for some sort of compensation. This is one of the best outcomes for a charge of assault or battery because there is no conviction!

What is the Fee?

In most cases we charge a flat fee for our criminal defense cases. We will have to meet with you either in person or by telephone for a ½ hour free consultation, to discuss your case and assess the potential defenses in your case in light of the facts. Our flat fee covers all appearances, motion work and more. There are no hidden fees and we will communicate with you at times.

Call Us Today at 707-571-8600 for IMMEDAITE HELP!