or even to threaten to use force against them. California Penal Code Section
242 states: “A battery is any willful and unlawful use of force ore violence
upon the person of another.” The unsuccessful or incomplete attempt to commit a
battery on someone is an assault under Section 240 of the Penal code. Moreover,
any Orange County criminal defense
lawyer knows that if you commit a battery on a police officer or person
acting in a peace officer type capacity, then you will be charged with battery
under Penal Code Section 243(b), which carries harsher penalties than battery
under Section 242.
A battery charge is very serious. If it is charged as a
misdemeanor under these sections it is punishable by up to a year in the Orange County jail. But there are defenses to a battery charge
that have been used successfully by criminal
defense attorneys in Orange County. The most common defense is the defense
of self-defense, which also includes the right to use force in defense of
others. According to the law, you can use force against someone if:
misdemeanor under these sections it is punishable by up to a year in the Orange County jail. But there are defenses to a battery charge
that have been used successfully by criminal
defense attorneys in Orange County. The most common defense is the defense
of self-defense, which also includes the right to use force in defense of
others. According to the law, you can use force against someone if:
1)
You reasonably believed that YOU or a THIRD PERSON was
in imminent danger of suffering bodily injury or of being touched unlawfully;
and
You reasonably believed that YOU or a THIRD PERSON was
in imminent danger of suffering bodily injury or of being touched unlawfully;
and
2)
You REASONABLY believed that the immediate use of force
was necessary to defend against that danger; and
You REASONABLY believed that the immediate use of force
was necessary to defend against that danger; and
3)
You used no more force than was reasonably necessary to
defend against the danger.
You used no more force than was reasonably necessary to
defend against the danger.
The danger must be imminent. So if the person threatens harm
at some future date, you are not justified in using force NOW to defend against
some possible future harm. Your criminal defense lawyer must be sure to
persuade the jury of an immediate threat. Also, if the person has threatened
you with harm in the past, then the jury gets to hear about these previous
threats too. If your assault
lawyer can successfully show the jury that you were threatened by this
person in the past, then the judge will tell the jury that since you have been
threatened by this person you are entitled to act quicker when it comes to
using force to defend yourself.
at some future date, you are not justified in using force NOW to defend against
some possible future harm. Your criminal defense lawyer must be sure to
persuade the jury of an immediate threat. Also, if the person has threatened
you with harm in the past, then the jury gets to hear about these previous
threats too. If your assault
lawyer can successfully show the jury that you were threatened by this
person in the past, then the judge will tell the jury that since you have been
threatened by this person you are entitled to act quicker when it comes to
using force to defend yourself.
Also, you have no duty to retreat from someone who is
threatening you. Even if retreating would have effectively removed you from the
threat, you have no duty to retreat. Under California law you are entitled to
stand your ground and defend yourself from a threat. You can use only
reasonable force to match a threat. For example, a large, young, strong man who
is being assaulted by a very small, weak, and frail assailant would probably be
found to use UNREASONABLE force if he used a baseball bat to defeat the attack.
Your assault defense lawyer must be able to defend the amount of force that you
used and convince a jury that, under these particular circumstances, the amount
of force was reasonable.
threatening you. Even if retreating would have effectively removed you from the
threat, you have no duty to retreat. Under California law you are entitled to
stand your ground and defend yourself from a threat. You can use only
reasonable force to match a threat. For example, a large, young, strong man who
is being assaulted by a very small, weak, and frail assailant would probably be
found to use UNREASONABLE force if he used a baseball bat to defeat the attack.
Your assault defense lawyer must be able to defend the amount of force that you
used and convince a jury that, under these particular circumstances, the amount
of force was reasonable.
If you have been charged with assault and battery, domestic
battery, assault on a police officer, Corporal Injury,
Criminal
Threats, or assault with a deadly weapon, you will need the advice of an
experienced Orange County criminal defense attorney. Call The Law Offices of EJ
Stopyro at (949) 559-5500 today for a free and confidential consultation. We
have offices at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675 and 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
battery, assault on a police officer, Corporal Injury,
Criminal
Threats, or assault with a deadly weapon, you will need the advice of an
experienced Orange County criminal defense attorney. Call The Law Offices of EJ
Stopyro at (949) 559-5500 today for a free and confidential consultation. We
have offices at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675 and 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
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