Assault And Battery Defense Attorney In Torrance, CA
While assault and battery commonly go hand in hand, they are actually two separate crimes in California. Both, however, have serious penalties if you are convicted. Additionally, assault and battery are often included in other criminal charges that all stem from one single incident.
Having an experienced criminal defense attorney on your side throughout the process can be the best way to prevent a charge of assault or battery from turning into a costly conviction.
Assault In California
California Penal Code 240 says that an assault is committed when someone makes an unlawful attempt to commit a violent injury to someone else and has the present ability to make it happen.
A conviction for assault is a misdemeanor in California and comes with a fine of up to $1,000 and imprisonment of up to six months.
Battery In California
Battery, on the other hand, is something more than an assault. California Penal Code 242 says that battery is the willful and unlawful use of force or violence against someone else. A conviction for battery in California is also a misdemeanor that can carry up to six months in jail, but the fine for battery is $2,000.
Recognized as a Top-Tier Law Firm
-
I cannot thank Robert enough for his efforts, knowledge, and execution in my case. He gave me a second chance.- Kevin Q.
-
Michelle has had a profound impact on my life. She not only has a firm grasp of legal matters, but also of human emotions. This dynamic duo worked all hours of the day and night on my case. They exerted effort way beyond the amount that I had paid them.- Khadijeh K.
-
If you’re looking for a lawyer, Ernenwein & Mathes are the ones to call.
Robert Ernenwein is straight Forward , honest, experienced, has a sense of humor and is very wise. He gets the job done, And his presence definitely makes an impact in the court room. Robert is Beyond professional, he answers your phone calls, and texts right away. He answers any questions you may have. He is organized and has it all under control. It’s like being in a movie, It’s a whole experience. And the best part is he makes you feel safe, he makes you forget you’re even going though a set back in your life because he is taking care of all it for you. No stress at all.
It took some hard work for Robert to get DUI charge reduced to a reckless driving plea. I can’t thank Ernenwein & Mathes enough for this.
Thank you so much guys!
- Jennifer C. -
When you need an attorney, do yourself a favor an call Robert Ernenewein. I’m so glad we did.- Krystine R.
-
Robert Ernenwein is an exceptional lawyer and genuinely nice person. He is professional, diligent, and very proficient as an attorney. I can honestly say he is most likely the best defense lawyer anyone can ask for. Robert was very mindful and courteous to myself and my family. He is very efficient and effective and was able to get the best possible outcome for us. Highly recommend him as a defense lawyer.
- Benny L. -
Robert is a very professional and knowledgeable lawyer. He represented and provided clear and straightforward advice and information. He was incredibly helpful with the legal advice provided, making sure that I understood all aspects of my situation. He was always in communication, keeping me informed of all developments. I had an extremely positive experience and I am thankful to have had Robert as my lawyer. I was referred to Robert by a family member. He puts his clients first. He and his team always respond to my questions very quickly. If I had an appointment with him, the office staff usually called me at that day to remind me the time. Through his hard work, my matter was handled and I deeply appreciate everything he and his team have done for me. I would highly recommend Mr. Ernenwein to anyone who needs an attorney. I cannot describe enough how grateful I am!- Mike Y.
-
I am very satisfied with how Mr. Ernenwein is handling my entire case. We are working together for over 5 months now on my criminal evading case. Next month we go to trial and I am very confident he will put in everything he has. His experience really gets him far in the court room. He is well known and respected in the community. If you want to win your case and be represented properly I recommend Robert hand down. Believe me I’ve had my share of criminal attorneys and everyone in my family who has met him has been very pleased.- Natalia C.
-
It meant the world that Mr. Ernenwein believed in my son’s innocence. We now had someone working on our behalf, navigating the unknown world of The Law and The Court System.- Tracey B.
Defending Against Charges Of Assault And Battery
A conviction for assault or battery carries significant penalties and can put a blemish on your criminal history. A criminal charge is not a conviction, however, and there are arguments that you can present to defend yourself against these accusations and prevent them from turning into a conviction.
Intent
One of the most important defenses you can raise is that you did not mean to commit battery. Both assault and battery involve intentional acts, so you cannot commit either one accidentally or negligently. While lowering your shoulder and pushing into someone on the sidewalk can be an assault and battery, accidentally bumping into someone while turning a corner on a city street cannot.
Proving that the contact was the result of a mistake and that you did not intend for it to happen, then, can be an effective defense against a criminal charge of assault or battery.
Disciplining A Child
There are exceptions to California’s assault and battery laws. One exception involves disciplining your child, which cannot amount to assault or battery. Therefore, if you were reprimanding your child in public and suddenly find yourself fighting a charge of assault and battery, you can defend yourself by showing that you were disciplining your child. However, any discipline has to be reasonable under the circumstances. It is not a defense to injure a child by claiming it was for discipline.
Self-Defense Or Defense Of Others
Committing assault or battery can be justified when it is done in self-defense or to defend someone else. For this to be an effective defense against a criminal charge of assault and battery, though, you must show that you reasonably believed that you or someone else was in imminent danger, that committing the assault or battery was necessary to prevent that danger and that you used no greater force than was reasonably necessary.
What Sets Us Apart From The Rest?
Ernenwein & Mathes, LLP is here to help you get the results you need with a team you can trust.
-
Our clients have direct communication with their legal team from start to finish.
-
Attorney Robert Ernenwein is a certified specialist in criminal law, by the State Bar of California, Board of Legal Specialization.
-
Our team has decades of experience and a strong track record of success.
-
We have experience on both sides of the courtroom.
-
Work with a criminal defense attorney who speaks your language.
-
Learn how our defense lawyers can help during a free consult.