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In Recent News

The Constitutionality Of 1437

In this recent podcast, Jennifer Mouzis, the attorney for Mr. Davidson relays why SB1437 is vital and constitutional and explains how her client, Mr. Davidsion was not involved in the crime.

SoundCloud

Fighting back against Racial Profiling

Anthony Hernandez was arrested and spent a month in custody because of racial profiling and presumptions by the arresting officer. It might have been far worse had it not been for the persistence of his defense attorney, who kept demanding that prosecutors turn over body camera footage of the incident from the arresting officer. Once the officer turned it over to the prosecutor’s office, almost immediately the Sacramento DA dropped the charges. The Vanguard speaks to Attorney Jennifer Mouzis about the arrest and the illegal activities of the Sacramento Police.

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If you’ve been accused of a crime, but NOT formally charged yet. Don’t waste time... Call defense attorney Mouzis directly 24/7 for a free, confidential case evaluation at 1-(916)822-8702- LET US HELP PREVENT CHARGES FROM EVER BEING FILED.

Assault & Battery

Defense Lawyer for Assault & Battery Charges in Sacramento, CA

Under California law, assault and battery are considered to be two separate crimes, although it is common for people to use these terms interchangeably.

Assault Definition Under California Law:

For an assault charge to be filed, the prosecution must prove that a person tried to apply physical force upon another with the present ability to commit violent injury on that person.

In this instance, no actual physical contact has to take place. This makes it very easy to be falsely accused of assault, or unfairly arrested for it.

Battery Definition Under California Law:

For a battery charge to be filed, some type of unwanted, harmful or violent physical contact must occur.

While an assault charge can be filed without a battery charge, a battery charge almost always includes an assault charge.

A prosecutor must prove that you willfully used violence or force on another person in order to make a successful battery charge.

Violence or Force Definition:

In the state of California, “violence or force,” by law, does not often meet what actions many people would consider to be forceful or violent.

In fact, any touch can be sufficient grounds for a battery charge if it was done:

  • rudely
  • angrily
  • in a disrespectful manner

Also, “on another person” does not necessarily mean on them – by law, this is not limited to simply touching the other person and also includes his or her clothing or anything closely connected with that person.

Many circumstances – including self defense – can be used to defend against a charge of assault and battery. Fighting these charges requires a lawyer with skill, confidence and experience with assault and battery cases.

Penalties For Assault:

Under California Penal Code 240, assault is a misdemeanor and carries the following possible punishments if you are found guilty and convicted of the offense:

  • Summary probation for up to three years
  • County jail time of up to six months
  • A fine no greater than $1,000
  • Community service and/or completion of a batterer’s program

Penalties For Battery:

Simple Battery

  • Summary probation for up to three years
  • County jail time of up to six months
  • A fine no greater than $2,000
  • Community service and/or completion of a batterer’s program

Aggravated Battery

  • Formal probation
  • 2-4 years in a state penitentiary
  • A possible criminal strike on your record under California’s “Three Strikes Law”

Assault and battery charges can be dismissed in many cases where the defense lawyer proves that the battery occurred under certain circumstances, such as:

  • self-defense or the defense of others
  • in situations where there was consent
  • in the case of an accident
  • if it is under the disciplinary rights of a child’s parents

If you’re facing assault or battery charges in the state of California, it’s important that you seek counsel as soon as possible to develop a sound defense strategy.

Fighting assault and battery charges successfully depends on having a confident, knowledgeable lawyer on your team. Jennifer Mouzis has the experience needed for a successful trial.

Call today for a consultation.

What Is The Difference Between A Misdemeanor And A Felony?

There are key differences between a misdemeanor and a felony in the judicial system.

A misdemeanor is a minor criminal offense, whereas a felony is a much more serious, usually violent, criminal offense.

Examples of felony violations include:felony violations

  • murder
  • possession of dangerous drugs for sale
  • robberyrape

Examples of misdemeanor violations are:

  • petty theft
  • driving on a suspended license and drunk driving

The essential difference is the severity of punishment.

A felony conviction can lead you in state prison, but a misdemeanor will only have you do time in the local or country jail. A felony can involve a fine up to $10,000 and a sentence of up to life in prison or even the death sentence for special circumstance murder. A misdemeanor is generally punishable by a $1,000 fine and a maximum of one year in count jail.

In addition to the longer punishment, a person convicted of a felony: loses the right to vote, cannot possess firearms, cannot obtain certain licenses, such as a hunting or a fishing license and is also required to disclose a conviction when applying for jobs.

CONTACT MOUZIS CRIMINAL DEFENSE

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Jennifer Mouzis is a successful, experienced, and tenacious California defense lawyer. Jennifer Mouzis has handled thousands of criminal cases in Sacramento and the surrounding area.

Don't waste time... Call defense attorney Mouzis directly 24/7 for a free, confidential case evaluation at 1-(916) 822-8702

In The News

SB-1467-California
October 26, 2020

An arraignment is a critical — and initial — component of the California criminal process. Here’s what you need to know about it and how you can prepare for the best possible outcome. The Purpose

SB620-Sacramento
September 9, 2020

The penalties for a criminal charge vary, usually depending on the crime’s severity. How much damage the crime caused to human life and property is considered when determining an appropriate punishment for a convicted defendant.

guilty-plea-sacramento
August 9, 2020

Alibis And Your Criminal Charges In a criminal case, one of the most common — and effective — defenses is an alibi. An alibi is something that proves you couldn’t have possibly committed the crime