Respected Assault & Battery Attorneys Serving North Hollywood and Southern California Clients
Legally speaking, assault and battery are separate charges, but they are most often issued in conjunction with one another. Assault is the criminal act of attempting to physically harm someone or making them believe they are in imminent physical danger, whether or not the act is completed. Battery is the use of force against someone to cause physical or bodily harm. Therefore, it is rare to be charged with one and not the other. Assault can be considered a misdemeanor or felony depending on severity, whereas battery is a misdemeanor.
Aggravated Assault & Battery
When dangerous or deadly weapons are used in assault and/or battery cases, they are automatically elevated to felony charges and considered aggravated. Other aggravating factors include the attempt to commit a felony, such as rape or murder. Aggravated assaults and batteries typically result in long term prison sentences.
Restraining Orders in Assault & Battery Cases
Restraining orders are relatively easy to obtain in California. The law favors the “injured party” to the extent that whoever becomes identified as the Petitioner has an innate advantage. Despite the theory that the burden of proving the injury falls on the party seeking out the restraining order, reality usually plays out very differently and ultimately favors the person filing.
Restraining orders occur in several different contexts under California law:
- Civil Harassment Order
- Workplace Violence Restraining Order
- Domestic Violence Restraining Order
- Elder or Dependent Adult Abuse Restraining Order
- Family Law Protective Orders (in connection with family law cases)
- Criminal Protective Orders (in criminal cases)
Generally, restraining orders last for three years. If you choose not to fight a restraining order, then for the three years it is in effect, you cannot possess any guns, must stay a prescribed distance from the protected person, and risk the possibility of being criminally charged if the protected person voices a complaint, whether true or not. It’s imperative you understand the potential consequences of an assault and battery conviction, especially if a restraining order has been filed in conjunction with such charges.