Accused of Assault and Battery
Being accused of assault and battery in the Sacramento area can yield harsh punishment. Understanding the laws and your rights regarding assault and battery in the Sacramento jurisdiction becomes extremely important. Hiring the right Sacramento assault and battery attorney will ensure you a fair trial. Foos Gavin Law Firm has a great Sacramento assault and battery attorney. We will help you through this tough time.
Understanding Assault and Battery
"Assault" and "battery" are actually two different crimes. Assault is an act that creates an apprehension in another of an imminent, harmful, or offensive contact. The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat. Battery is defined as any unlawful and unpermitted touching of another. The main distinction between the two offenses is the existence or nonexistence of a touching or contact. While contact is an essential element of battery, there can bethe absence of contact for assault. Sometimes assault is defined loosely to include battery as well.
At Common Law, both offenses were misdemeanors. As of the early 2000s, under virtually all criminal codes, each can be charged as either a felony or a misdemeanor. They are characterized as felonious when accompanied by a criminal intent, such as an intent to kill, rob, or rape; when they are committed with a dangerous weapon; or when there is an intent to inflict great bodily injury.
Sacramento Assault and Battery Attorney