Assault & Battery

Assault & Battery Attorney Bakersfield

Assault and battery charges are not mere allegations; they are declarations of intent. The state, in its pursuit, constructs a narrative. Your response cannot be passive.

Humphrey & Thompson offers a counter-narrative built on the foundation of prosecutorial insight, meticulous scrutiny of the evidence, and unrelenting tenacity. We are not theorists; we are practitioners. We understand the mechanics of the courtroom, the weight of evidence, and the strategies employed to secure convictions.

Call to schedule a consultation with an assault and battery attorney in Bakersfield today.

Penalties for Assault & Battery in Bakersfield

The penalties for assault and battery convictions can be severe and vary depending on the circumstances of the case.

Penalties for assault may include fines, probation, and jail time. Aggravated assault, such as cases involving weapons, can lead to felony charges with sentences of up to four years in prison and $10,000 in fines under California Penal Code Section 245.

Depending on whether it’s charged as a misdemeanor or felony, penalties for battery could include imprisonment, substantial fines, and mandatory counseling. Enhanced penalties often apply in cases of domestic violence or when the victim belongs to a protected group, such as law enforcement officers or minors.

Aggravating factors like prior convictions, significant injuries caused, or the use of a firearm can lead to more severe sentences.

Defense Strategies for Assault & Battery Charges

At Humphrey & Thompson, we recognize what’s at stake when you’re facing violent crime charges. A conviction could harm your personal life, career, and relationships.

Defense Strategies for Assault & Battery Charges

At Humphrey & Thompson, we recognize what’s at stake when you’re facing violent crime charges. A conviction could harm your personal life, career, and relationships.

Our team focuses on the following actions to defend against charges of assault and battery:

Examining the evidence for weaknesses and inconsistencies in the prosecution’s case.
Crafting defense strategies tailored to the specifics of your case.
Using our prosecutorial background to predict and counter the opposing side’s strategies.

Whether it involves showing a lack of intent, proving self-defense, or highlighting insufficient evidence, we take a precise and calculated approach to protect your rights.

Understanding Assault & Battery in Kern County

While assault and battery are often charged together, they are distinct legal offenses with different elements and penalties. Understanding these differences is critical to building an effective defense.

What Is Assault?

Assault refers to an intentional act that causes another person to fear immediate physical harm. Physical contact isn’t required for an assault charge to apply.

Key components include:

Intent. The act must be deliberate.
Apprehension. The victim reasonably fears imminent harm.
Imminence. The threat of harm must be immediate.

Even gestures or words can constitute assault if they create a legitimate fear of injury.

What Is Battery?

Battery involves actual physical contact that is harmful or offensive.

It can be intentional or reckless and must include the following criteria:

Intent. The act was purposeful or reckless.
Contact. Harmful or offensive contact occurred.
Lack of consent. The other party did not agree to the contact.

While assault involves a threat of harm, battery involves following through with an act. Charges of assault and battery often occur when both elements are present in a single incident.

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Recognized by The State of California As Board Certified Criminal Defense Experts

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They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning our defense strategy. The paralegal staff was also courteous and prompt in their responses, which made the whole stressful process much more bearable. I am profoundly grateful for their services. the Martinez Lugo family we loved them we really recommended thanks so much :)

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He values his clients and understands their individual needs. He will work hard to guarantee that justice is served for everyone involved. He is honest and supportive throughout the entire process. We will never forget what Kyle has done for us.

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Jared and his staff, not exaggerating were on top of it all. If I called to talk to the girls in the front they handled everything right away, Jared reputation for being THE BEST matched him perfect. We had issues with the anger management classes and the staff really cared and helped us. Jared helped my son who was facing some serious charges but he genuinely cared about the whole truth and we got blessed tremendously! we are forever grateful and truly couldnt have imagined the outcome had we NOT hired him! Loved them thank you so much sincerely!

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The process was easy and they made it so that I didn't have to appear in court. I highly recommended them!

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IF you are caught in a bad situation in life and are looking for a Lawyer and investigator to fight, do their job well in fighting to prove your innocence in your case, you need Kyle and Victor on your side!!!

- Rena B.
“As soon as we hired this law firm everything changed.”
Needed a lawyer for our juvenile son for a felony assault case. Public defender was not very helpful and told us that at best our son would be on a very intensive probation for years if not sentenced to a camp. Rob Singh took our case and basically got everything resolved outside of court with the prosecutor within 2 weeks. Alleviated a lot of stress and anxiety by getting our son on a very minimal probation for 6 months and then records completely sealed. Highly recommended and would definitely hire this firm again.

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Charges Reduced/Dismissed
Misdemeanor Sex Crime with Mandatory Sex Registration

Settled for no registration and time served after 5 days of trial ending in a mistrial.
Charges Reduced/Dismissed
Felony Sex Crime

Client was charged with a felony sex crime . His charges were reduced to a misdeanor. He received no sex offender registration and community service instead of jail.
Case Dismissal
Sexual Abuse

Allegation of Continuous Sexual Abuse Dismissed Before Trial.
Case Dismissal
Felony Sex Case

Felony Sex Case based on Undercover Decoy Sting Dismissed Entirely.
Case Dismissal
Rape

Rape Case Dismissed Based on Defense Investigation and Medical Evaluation Before Trial.
Case Dismissal
Sexual Battery

Local business owner charged with sexual battery, dismissed.
Jury Trial Acquittals
Molestation and Sexual Abuse of Minors

Mr. Thompson Secures Complete Dismissal of all Charges at Jury Trial for Accusations of Molestation and Sexual Abuse of Minors
Avoid Sex Offender Registration
Sex Offense

Juvenile Client Has Felony Sex Offense Case Dismissed and Is Not Required to Register

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Why Choose Humphrey & Thompson for Your Kern County Assault & Battery Case?

With over 30 years of legal experience, our team has garnered trust from thousands of clients for our qualifications and results.

Key aspects of our business that set us apart include:

Backgrounds as former prosecutors with insight into how cases are built.
Over tens of thousands of cases successfully handled.
Certified in criminal law.
A strong track record, with favorable outcomes achieved in over 90% of cases.
Availability around the clock for urgent legal matters.
Translator Services are offered to address diverse client needs.
Convenient virtual consultations to make working with us accessible.

At Humphrey & Thompson, we’re known for taking on complicated cases and providing honest, clear guidance.

Contact Humphrey & Thompson online or call to schedule a consultation with a Bakersfield assault and battery lawyer today.

Have Questions?

What defenses can be used in assault cases?

Common defenses include self-defense, defending others, lack of intent, mistaken identity, or challenging the prosecution’s evidence. A thorough review of the case is needed to determine the best defense strategy.
What’s the difference between battery and assault?

Assault refers to the threat or attempt to cause harm, while battery involves the actual physical act of harmful contact. Both charges may apply when a threat is accompanied by an action.
Can assault or battery charges be expunged from my record?

Expungement may be possible depending on several factors, including successful probation completion and a clean criminal history afterward. We can provide guidance on the eligibility requirements.
How does self-defense apply in these cases?

If the conduct in question involved protecting yourself or someone else from harm, self-defense may serve as a valid argument. However, the force used must be considered reasonable.
How can eyewitness testimony impact a battery case?

Eyewitnesses can significantly impact a battery case, as their accounts may support or contradict your defense. However, eyewitness accounts are not always reliable and can sometimes be challenged based on inconsistencies. An attorney can evaluate witness statements and determine the best strategy for addressing their testimony.
Can battery charges be expunged from my record?

In certain situations, a battery conviction can be expunged or removed from your record. Eligibility depends on factors like the type of battery charge, completion of probation, and lack of further criminal activity. A defense attorney can help you understand the requirements and guide you through the expungement process if applicable.
What constitutes assault under California law?

Assault in California involves the unlawful attempt, coupled with the present ability, to commit a violent injury on someone else. This can include actions like threats of violence or attempted physical harm.
Should I hire a criminal defense attorney if charged with assault in Bakersfield, CA?

Yes, it's crucial to have legal representation when facing assault charges. An experienced attorney can protect your rights, negotiate with prosecutors for reduced charges or penalties, and advocate for your best interests in court, aiming for the most favorable outcome possible.

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