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San Jose, CA assault and battery defense lawyerWhen people talk about violent crimes, assault and battery tend to go hand in hand. In common conversation, assault and battery are often used interchangeably, but they are not the same thing if you are speaking legally. In legal terms, assault and battery are two different charges that describe two different types of actions and two different sentences. It is important to understand what crime you have been charged with and what the consequences of a conviction of that crime would be. 

Assault

According to the California Penal Code, assault is an “unlawful attempt . . .  to commit a violent injury on the person of another.” This means that you can be charged with assault even if you did not actually hurt the other person -- you just attempted to hurt the other person. For assault charges to lead to a conviction, the prosecutor must prove that the defendant willingly committed an action that was likely to harm another person and that the defendant reasonably knew that his or her action would result in harm.

In California, simple assault is a misdemeanor, but charges could increase to felony charges depending on the circumstances of the case. If you committed assault on a police officer or public official, or you committed assault with a deadly weapon, charges could be increased to felonies. For simple assault, the consequences include misdemeanor probation, up to six months in county jail and/or up to $1,000 in fines.

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arrest warrant, San Jose criminal defense attorneys, misdemeanor crimes, San Jose criminal charges, criminal chargesHearing that an arrest warrant has been issued against you may send you into a panic. You may envision being pulled over for minor infractions and being taken to jail after the warrant is discovered, or having the police show up at your home or place of business. While these scenarios do occur, the fact is that actions taken by law enforcement largely depend on the specific criminal charges and the circumstances surrounding a person's case. An arrest warrant is nothing to take lightly, however, and is something you should consult an experienced criminal defense attorney on right away to ensure your rights and best interests are protected.

California Arrest Warrants

An arrest warrant can be issued whenever the law is broken, whether it involves a traffic ticket, a white collar crime such as fraud or embezzlement, or more serious and violent criminal offenses. Under the California Penal Code, a law enforcement official can arrest you at the scene immediately if he or she sees a crime has been committed. Or, an officer can request an arrest warrant from the court based on the evidence in your case.

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