Redondo Beach Assault Attorney
Pat Carey prosecuted almost every crime there is in California during his 8+ year tenure with the Los Angeles County District Attorneys Office. He uses that insider experience to fight your case from the inside out. Our offices are in Manhattan Beach and we keep our practice focused to those charged in the area. Redondo Beach has it’s own prosecuting agency which Pat deals with almost exclusively. It is of the utmost importance to have any attorney with local experience and connections to law enforcement and prosecuting agencies.
Overview of California Assault and Battery Law
While “assault and battery” is a commonly-heard phrase, assault and battery are separate crimes. As in other states, California assault and battery laws are found in criminal as well as civil law (where it is considered an “intentional tort”). The elements of both civil assault and civil battery are very similar to the elements of criminal assault and battery discussed in more detail below.
The California Penal Code defines assault as an “unlawful attempt” to cause a “violent injury on the person of another” — assault is often described as an attempt to commit a battery. A prosecutor must show that the defendant intended to commit a battery and had the “present ability” to do so, but does not need to show that physical contact actually happened.
Battery describes force or violence used against another person. A prosecutor must show that the defendant willfully made contact with another person. The Penal Code establishes varying degrees of severity for a battery. While Section 242 of the Penal Code sets the basic elements of a battery, a prosecutor can also use Section 243(d) when the victim suffered a “serious bodily injury.” In addition, the Penal Code includes specific code sections regarding battery against specified persons such as peace officers, police officers, firefighters, emergency response technicians, school employees, and others. The Penal Code also establishes separate laws regarding battery in the context of domestic violence.
The type of criminal charge depends on the severity of the battery and the circumstances surrounding the crime. California state laws allow a prosecutor to pursue charges of aggravated assault or aggravated battery in the most serious cases. The prosecutor must show an “aggravating circumstance” to elevate the charges against the defendant. For example, use of a deadly weapon is often considered an aggravating circumstance that can elevate a charge to aggravated assault or aggravated battery. Another example of aggravated assault is assault with the intent to commit a felony such as murder or rape.
Defenses
- Consent to the act or activity
- Self-defense
- Defense of another person
- Defense of a home or personal property
Penalties and Sentences
The penalties and sentencing for a defendant convicted of assault or battery depend on the severity of the crime, any aggravating circumstances, and the defendant’s past criminal history.
For a simple assault, the Penal Code sets a maximum fine of $1,000, a maximum sentence of imprisonment in county jail for six months, or both. The penalties can increase to $2,000 or one year of imprisonment, however, if the victim of the crime is one of the persons specified by the Penal Code, such as an on-duty peace officer, or if the crime happens in a specified location such as a school or public park.
For a simple battery, the Penal Code sets a maximum fine of $2,000, a maximum term of imprisonment for six months in county jail, or both. The term of imprisonment can increase to one year based on the circumstances of the crime; for example, the sentence can increase if the victim was one of the types of persons specified by the Penal Code or if the defendant engaged in domestic violence. For a battery resulting in serious bodily injury, California law permits felony sentencing according to Section 1170 of the Penal Code. Sentencing through Section 1170 can result in a term of imprisonment for two, three, four years, or for another term depending on the criteria under the section. In addition, prior felony convictions may lead to increased penalties for a new conviction.
Assault and Battery Related Crimes:
Case Results
See How We've Helped Other People In Your Shoes
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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Cases Dismissed $20,000 Fines
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Probation Terminated Absconding from Probation
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Charges Reduced Attempted Murder
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Reduced Bail Bail
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Case Dismissed Battery
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Attorney Profile -
In The News
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Recent Results
What Our Clients Are Saying
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"SO happy I found him."Found Pat to represent me on a case after I made a dumb mistake. I was completely clueless. Pat made is so much less stressful and most of all he negotiated a deal that ended up getting my case dismissed.- Kristin B.
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"He made a very stressful process stress-free and was always available to explain each step of the process."Pat helped me with a troubling legal situation. He made a very stressful process stress-free and was always available to explain each step of the process.- Thomas B.
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"When I thought I was burned because my breathalyzer was so high Pat made moved and I didn’t even lose my license."Pat hooked me up on my DUI. When I thought I was burned because my breathalyzer was so high Pat made moved and I didn’t even lose my license. Thanks bro I can’t thank you enough.- Anthony M.
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"If you want the best defense, hire the one person that can provide it."Many attorneys claim to be ‘former prosecutors’. Pat Carey isn’t just a former prosecutor. He was an insider with the D.A. for almost a decade.- Mike S.
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"He is one of the best and brightest."He is exceptionally talented and knows his way around a courtroom better than most lawyers I’ve met. Pat is smart, aggressive and results oriented.- Alan J.
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"He exceeded my expectations and beyond!"When we met, he made me way less stressed out. Then, after explaining my ordeal, he was able to speak to the District Attorney and get my case dismissed!- Ryan
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"He took care of my legal situation with no problem at all."Highly recommend Mr. Carey’s services. He is incredibly knowledgeable and extremely professional. He took care of my legal situation with no problem at all.- Adam B.
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"He is a true advocate and smart but what set him apart was his reasonable personality."I first met Pat as a DA in Torrance, he is a true advocate and smart but what set him apart was his reasonable personality and the fact he is a nice guy and a gentleman.- Matt R.