~assault and battery in san diego~
How to Deal with a Charge of Assault & Battery?
If you have been charged with assault and battery in san Diego, it is important that you get the help of a criminal defense attorney to defend you. If you are convicted of the crime, it is not just the jail time and fines that you have to worry about. The conviction is going to remain on your record forever. It is best to have a specialized attorney and the right knowledge to protect your interests.
Differences Between Assault & Battery
The terms assault and battery in san Diego refer to two different types of crimes.
- Assault refers to the ‘attempt’ of committing a violent act on someone. For example, if you throw a punch at someone and miss, it is classified as an assault.
- Battery refers to the willful use of force resulting in violent act. For example, if you punch and hit someone, it is battery. It is not just an attempt.
When it comes to defense in such cases, your attorney is going to prove that you were defending yourself or someone else. This will require showing that you were in danger and your actions were in self defense or to protect someone close to you.
Defending Against Assault & Battery Charge
There are many defenses against assault and battery in san diego. You will need the professional help of a specialized attorney to present the best-possible defense. There are certain exceptions that can work in your favor if you have been charged with this crime. This includes the following:
- If the injury occurred on a sports field, it cannot be considered an assault unless the injuries are serious.
- If there is rough horseplay without the intention of causing injury.
- When a patient and/or their family consent to a medical procedure, it cannot be classified as an assault.
- Moderate physical punishment under common law by parents may not be classified as assault.
If you have video evidence to prove your innocence, you may use it in certain circumstances during the trial. The conditions are simple. The evidence should be relevant to the matter. You should hire an experienced attorney in assault and battery in san Diego to help present your defense. Remember, the judge holds the discretion as to whether accept your evidence or not. Your lawyer is going to play a key role in helping you in this regard.
You should get the help of an experienced criminal defense attorney who specializes in assault and battery in san Diego. The right attorney can not only help your evidence get seen, they can build a stronger defense and help you take the right decisions.