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The Basics of Assault and Battery

Many people think that assault and battery go hand in hand or even that they’re actually just one criminal charge. However, assault is a separate charge from battery. In fact, a person could be charged with assault without being charged with battery. The reverse isn’t necessarily true though. It’s rare to be charged with battery without also facing an assault charge. Here are the two crimes defined and what your next step should be if you are arrested for assault or assault and battery.

Assault 101

The act of assault isn’t necessarily an act at all. It is simply the threat of physical harm to another person. However, the threat must be sufficient to be considered assault. In order for a defendant to be convicted, it must be proven that the threat of bodily harm or death was so great that it was reasonable for the victim to become very fearful for his or her life and/or safety.

Battery 101

Assault can occur without even touching the victim. But battery is the actual act of doing bodily harm or causing physical damage to that person.

Lawful Violence Defined

For someone to be convicted and found guilty of battery, the violence must have been unlawful. This means that not all violence against another individual is illegal. For example, you may have engaged in lawful violence if you:

  • Defended yourself when someone was attempting to harm you
  • Defended someone else when another person was attempting to harm them
  • Received implied or actual consent from the alleged victim
  • Used violence to stop a progressing crime or to prevent a crime from occurring

What the Prosecution Must Prove in Order for You to Be Found Guilty

The burden of proof lies with the prosecution, as it does in any criminal case in California. In order for a conviction, the prosecutor must prove that:

  • Violence (in the case of battery) or serious threats to the safety of someone else (in the case of assault) occurred
  • That the violence was considered unlawful, either through the intentional application of violence or the reckless disregard for the safety of the victim.

Contact a Sacramento Criminal Defense Lawyer Today

A criminal defense lawyer is your best shot at reducing or dismissing the charges of assault and/or battery. Contact our office today and let us zealously advocate for your rights under the law by calling 916-822-8702.

 

By : admin | June 30, 2017 | Assault and Battery

Do You Know How to Defend Against Possession of Drugs?

When you’re charged with the possession of drugs in Sacramento, you stand to face serious penalties. While some drugs, like marijuana, are decriminalized, others like heroin, cocaine, and even prescription narcotic medications are still illegal. Don’t wait to get help from a criminal defense lawyer after a drug possession arrest. Here’s how you and your lawyer can get the charges against you reduced or even dismissed entirely.

Did the Officer Abide by California Search and Seizure Laws?

One of the first things a criminal defense attorney will look at is whether or not the officer who searched your person or your property and seized the illegal substance did so legally. Searches and seizures may only occur with clear probable cause or a warrant. If the officer did not abide by the law, the substance seized may be struck from court.

Was the Substance Analyzed in a Crime Lab?

In order to charge you with possession of a drug, a prosecutor must prove that what was seized was an illegal drug. This means that the substance should be sent to a crime lab to confirm what it is. Additionally, you should be certain that the chain of custody is not broken in any way when the evidence is turned over to the crime lab. In fact, any tampering with the evidence could render it inadmissible in court.

Can the Prosecutors Provide the Evidence at Trial?

A key component in securing a conviction for drug possession is the prosecution being able to actually produce the evidence. Ideally, whatever drugs were found should be kept in an evidence room under lock and key after being analyzed. However, at times police misconduct or even simple negligence causes the drugs to somehow “disappear.” If the prosecutors can’t produce the actual evidence of drug possession, it will be very difficult for them to obtain a guilty verdict against you.

Contact a Sacramento Drug Possession Defense Lawyer Today

If you’ve been arrested for the possession of drugs in California, don’t wait to get legal help. It’s important that you have someone working on your side right from the start of your case to protect your rights. Contact Sacramento Criminal Defense Lawyer Jennifer Mouzis today for more information by calling 916-822-8702.

By : admin | June 18, 2017 | Criminal Defense