WALNUT CREEK ASSAULT & BATTERY LAWYER
Understanding Assault & Battery in Walnut Creek
Assault and battery are actually two separate charges. Assault involves threatening, verbally or physically, to harm or injure somebody else, and battery is actually harming them. Understanding the distinctions between these charges is crucial as it can influence the legal strategy and potential defenses. If you have been charged with this violent crime, it is likely that you are facing at least two charges. Your scenario may be more complicated than it seems. This necessitates the guidance of a Walnut Creek assault and battery defense lawyer who is familiar with local laws and procedures to help safeguard your rights.
Don’t hesitate! Call Thomas Daly Law, A Professional Corporation at (925) 208-4801 for help from an assault lawyer to defend against your charge.
Penalties for Assault & Battery in California
Assault and battery convictions can leave a mark on your record for life, and you will be seen as a violent offender. The stigma associated with such convictions can affect future employment, housing, and even personal relationships.
A few potential ramifications from assault or battery charges include:
- High court fees
- Loss of custody or visitation rights
- Deportation or the loss of your visa
- Probation
- Restraining orders
- Jail time that could range from several months to years
- Fines and reparations
What Should You Do if You're Arrested for Assault and Battery?
Being arrested for assault and battery is a serious matter that requires immediate and strategic action. First and foremost, it’s crucial to remain calm and composed during the arrest. Reacting aggressively or attempting to flee can escalate the situation and lead to additional charges. Remember, anything you say or do can be used against you in court.
Upon arrest, exercise your right to remain silent. Politely inform the arresting officers that you choose not to speak without your attorney present. This is your constitutional right and a vital step in protecting your legal interests. Refrain from discussing the incident with anyone, including friends and family, as these conversations can potentially be used as evidence.
Next, contact a qualified assault and battery defense attorney as soon as possible. An experienced assault lawyer can provide critical guidance, represent your interests, and help you understand the charges against you. They will also work to secure your release, whether through bail or other means, and begin building your strategy that’s tailored to your specific situation.
It is also important to gather any evidence that may support your case. This can include photographs, videos, witness statements, or any other documentation that can help establish your version of events. Share this information with your assault attorney, who can use it to challenge the prosecution’s evidence and narrative effectively.
Follow all legal advice provided by your attorney and comply with any court requirements or conditions of your release. This includes attending all court hearings and avoiding any further legal trouble. Demonstrating responsibility and cooperation can positively influence the outcome.
Lastly, refrain from posting about your arrest or the incident on social media. Public statements can be misconstrued and used against you in court. Maintaining a low profile and letting your assault attorney handle communications ensures that your strategy remains robust and focused.
Defenses for Assault & Battery
An assault and battery defense lawyer can help you minimize the charges against you by building a strong strategy based on your unique circumstances.
Some possible defenses to battery charges can include:
- Self-Defense
- Defending a Home / personal property
- Consent to the act
- Defending another person
Our Assault Lawyer, Thomas Daly, Will Fight for You
When facing assault and battery charges, it is of the utmost importance to get an assault and battery defense lawyer in Walnut Creek who is professional and will give your situation the personal care that it needs. Thomas can answer any questions you have about your charges and explore any and all options available. He has handled hundreds of situations like yours and will work diligently on your behalf to aim for the most favorable outcome possible within legal limits.
Call Thomas Daly Law, A Professional Corporation at (925) 208-4801 to set up a free consultation.
Assault & Battery FAQs
How Can an Assault & Battery Charge Impact My Future?
Being charged with assault and battery can have profound implications on your future beyond immediate legal penalties. Convictions can greatly affect your employment prospects, as many employers conduct background checks and may be hesitant to hire someone with a criminal record. Additionally, a conviction may limit your ability to rent housing or secure loans since it reflects negatively on your perceived reliability. Socially, there may be stigma within your community or professional circles, which can affect personal relationships and reputation. It’s crucial to address these charges seriously and seek qualified legal representation to explore all avenues to protect your future.
What Are My Rights After Being Charged with Assault & Battery?
After being charged with assault and battery, you have fundamental legal rights that must be respected throughout the judicial process. Primarily, you have the right to remain silent and not self-incriminate, meaning you should speak to law enforcement only in the presence of your lawyer. You’re also entitled to legal counsel, ensuring that you have professional representation to guide you through the complexities of the legal system. Additionally, you have the right to a fair trial and must be presumed innocent until proven guilty in court. Understanding these rights is crucial, and working with an attorney can help ensure they are fully upheld.
Can I Expunge an Assault & Battery Charge from My Record?
Expungement of an assault and battery charge from your criminal record may be possible, depending on several factors such as the specifics of the charge and whether you've completed probation or other sentence requirements without further incidents. Expungement provides the benefit of clearing your record, which can improve employment opportunities and personal freedom. California law allows certain offenses to be expunged, provided that all conditions are met and that individuals demonstrate positive post-conviction behavior. Consulting with a knowledgeable assault attorney near you can help you understand your eligibility for expungement and guide you through the necessary legal procedures to achieve this outcome.