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Are You Being Charged with Criminal Assault?

Few crimes are more about “he said, she said” than criminal assault. Who started it, and if self-defense is applicable, sit at the very heart of this criminal allegation. Furthermore, as assault is the willful use of force upon another without consent, questions such as “what is willful?” and “what is force?” and “was consent given?” must be proven in order to sustain a conviction of assault.

Keep in mind here that criminal assault, typically charged as Penal Code §242, is wholly different than domestic violence (PC §243(e)(1) or §273.5), though the two share many similarities. The main difference relates to who the allegedly-assaulted party is. If it is a spouse, lover, cohabitant, or family member, it is more likely to be a domestic violence case. Basic assault usually involves a confrontation between strangers.

Depending on the facts and injury caused, a basic assault case can be punished with probation and anger management all the way through time in state prison. What matters to defense attorneys, however, is what the District Attorney can show actually happened. We all know that our memories are faulty; that what we think we saw we may not have, in fact, seen; and that there may be justifications to touch another person, even aggressively. But what can be proven beyond a reasonable doubt is all that really matters. If you are charged with basic assault, you need someone on your side who can ask the tough questions and demand the District Attorney accept the tough answers.

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Criminal Lawyers & Defense FAQs

What Is An Arraignment?

Arraignment Definition Every criminal case has multiple stages: You have your arraignment, your pretrial conferences, your settlement conferences possibly preliminary hearings motions. Motions in limine

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What Is Bail?

Bail is a condition of release, typically you put up money to be released from jail that is bail. So if you’re charged with a

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Mens Rea

What Is A Mens Rea Example? Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal

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Assault Vs Battery

What Is The Difference Between Assault And Battery? The definition of assault in a criminal setting is putting someone under the reasonable beliefs that they

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Manslaughter Vs Murder

What’s The Difference Between Manslaughter And Murder? Manslaughter is when you to have an unintentional killing of a victim without any specific intent. An example

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Mens Rea

What Is A Mens Rea Example? Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal cases the majority of criminal crimes constitute an intent, you must prove that the person intended to do that which he did. For example, if I punched someone in the face and I intended to do that, that’s a crime. That’s assault. I didn’t act, the act was actually making contact with my fist to his face, but the main component of the crime is did I mentally prepare myself and that I’m maliciously doing it? Did I knowingly do it? The answer is yes, then I have the men’s rea. There are certain situations where you do an act then you don’t have the mens rea. For example, if I punch the cameraman in the face but I am on a prescription drug and I completely black out and I have no idea what I’m doing and I cannot control my body, I cannot control my mind, then I do not have the mens rea. So I cannot be charged with assault because I don’t have the mens rea. I don’t have the specific intent to do what I did, even though I did it. Men’s rea is basically my mind knowing what I’m doing and my mind carrying out the conduct of which I did.

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Assault Vs Battery

What Is The Difference Between Assault And Battery? The definition of assault in a criminal setting is putting someone under the reasonable beliefs that they are going to be imminently harmed by you or actually harm by you. For example, if that person is under the belief that you are about to strike them then that is an assault. If you do strike them, that then that is an assault, as well depending on the jurisdiction, some people use the eminent capacity under the word assault. Battery is actually when you inflict harm upon the person. Assault and battery depending on the jurisdiction are interchangeable terms so that is a general definition of assault.

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What Is the Difference Between Simple Assault and Aggravated Assault?

The answer is pretty self-explanatory. Simple assault is when there are either no injuries or very minor injuries. Possibly extremely minor bruising or something along those lines. Battery aggravated assault is when there are injuries, significant bruising, broken bones, cuts, stitches, internal bleeding, things like that will lead to a more aggravated charge, a heightened charge, possibly even a felony. It really depends upon the injuries of the victim when it comes to the definition and classification of the range of assault that the prosecutor is going to charge you with.

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