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How to Navigate Assault and Battery Charges with Bernal Law

The nuances of California’s assault and battery charges can be confusing, particularly with unique situations, differing definitions, and potentially severe legal consequences. Assault and battery are treated as distinct crimes in California. An attempt to use force against another individual is referred to as an assault, whereas real physical contact occurs in a battery charge. These distinctions are important since each might have different consequences and defenses.

Determining what constitutes a threat or injury is often subjective, making it extremely difficult to defend against assault allegations. This subjectivity highlights how crucial having legal counsel is. Misunderstandings are common, and interpretations of words or acts can differ widely, frequently based on the viewpoints of the arresting officers and the parties involved. This range of interpretation emphasizes how important it is to have an experienced lawyer who can handle these subtleties.

If a person is convicted of charges for either assault or battery, serious repercussions can follow. These include potential jail time, large fines, and the case going on a permanent record. Certain factors, such as the use of a weapon in the violation or injury to protected professionals, can also make for a much harsher sentence.

Such circumstances make having a potent and well-planned defense even more essential. Finding the right defense lawyer in these cases is crucial. A great lawyer can utilize many tactics, including the arguments of self-defense or lack of purpose, to argue against the conviction. 

It is imperative that you get legal counsel as soon as possible if you have been charged with assault or violence in the San Diego region. A committed and competent ally for those facing these allegations is Pedro Bernal, Esq., an accomplished San Diego criminal defense attorney at Bernal Law. Mr. Bernal’s experience as a former prosecutor enhances his defense approach by providing clients with a thorough awareness of both sides of the legal system. Due to this unique experience as a San Diego drug crimes lawyer, Mr. Bernal can often anticipate prosecution strategies to better tailor his defense.

Bernal brings his wide range of experience to every case. This includes white-collar crimes such as tax violations and insurance fraud, federal offenses, and countless others. Additionally, Mr. Bernal is an adjunct professor of law at California Western School, helping new lawyers learn trial advocacy and legal writing. 

Because of these experiences, Bernal knows that it is essential to comprehend the details of assault charges. Being charged with assault in California requires the prosecution to prove that the defendant intentionally engaged in behavior that caused injury to another person. It must also be proven that the defendant understood their behavior would cause said injury and that they engaged in that behavior with the knowledge of its harm.

Making the distinction between battery and assault is crucial. Battery is the actual application of force, whereas assault entails the effort to use force. Even in situations when there is no physical contact, one can still be charged with assault for conduct that makes another person fearful of bodily danger.

San Diego residents who receive an assault charge can face a myriad of issues. Some assault charges may be prosecuted as a misdemeanor, carrying a maximum sentence of six months in county prison and/or a $1,000 fine. However, other charges, such as assaults on protected professionals, can be much more severe. No matter the severity of the charge, finding a competent, caring lawyer is critical in assault and battery cases. Attorney Pedro Bernal and the team at Bernal Law, APLC, are committed to ensuring each client receives the best and most personalized care.

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