What Are The Potential Penalties For Assault And Battery Convictions?
If it is a misdemeanor for assault or battery, the maximum is going to be 6 months in county jail. If it is a felony, it can be up to 3 years, plus any type of enhancement, which could add either one or two or multiple years.
What Are The Potential Plea Options For Assault And Battery Cases?
If it’s a felony, you are going to attempt initially to have it reduced to a misdemeanor. The difference between a felony and a misdemeanor on your record is significant in many ways. You may want to plead to a less serious charge such as disturbing the peace, or if you’re charged with a battery, a plea to an assault type of charge would be preferred. You are going to always want to try to get something that minimizes one’s exposure.
Do You Recommend Pre-Trial Counseling For Your Clients?
Yes. Every client that I represent, I initially advise them to get started with some type of either anger management or counseling. The reason for that is you or your attorney can then go in the court and say that the client is taking responsibility for his actions. You don’t have to admit that you were the perpetrator or that you were the aggressor, but therapy or mitigation of the offense is going to go a long way with not only the prosecutor but also the judge.
Why Is It Important To Retain An Experienced Attorney For Handling An Assault And Battery Case?
When you retain an attorney who has represented hundreds of clients with assault and battery charges, or more serious charges, that attorney is going to be more experienced and be able to present a more proper defense than an attorney who has only had a couple of those types of cases. Additionally, the attorney who has an extensive amount of experience also has experience with not only the prosecutors, but the judges as well. It is invaluable in attempting to resolve the case by knowing what the prosecutor and the judge’s proclivities are.
How Do You Advise People Who Don’t Retain Legal Counsel For Fear Of Looking Guilty?
Never in my 40 years of practice has a prosecutor ever said, “Oh, the client must be guilty because he hired you.” Likewise, never have I heard a judge say to an individual, “Oh, you’re here by yourself, so you must be innocent.” The reality is that everyone knows that the best way to ensure your rights is to have an attorney assist you in ensuring those rights. No one considers it an indication of guilt or vice versa.
How Do You Advise Clients That Are Contemplating Self-Representation?
One of the biggest problems that an attorney faces during the representation of a client on their case are statements made by the defendant themselves. Often, the defendant feels, “I am educated, I can talk my way out of it and if I just explain, they’ll let me go.” Never does that work. You never want to give a statement to the police either at the time of the arrest or when you are questioned at a later time. It is always critical to allow your attorney to be the buffer between you and the police.
What Sets You And Your Firm Apart In Handling Assault And Battery Cases?
The main difference is our extensive experience with the offense; the judges who handle these matters, and with the prosecutors that handle these matters. The fact that we know what the prosecutor and the judge are looking for in terms of mitigation allows us to get a head start and present the client with those options at the inception.
For more information on Penalties For Assault & Battery, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 277-1707 today.
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