Assault and Battery, Assault with a Deadly Weapon, Resisting Arrest
An Assault and a Battery are actually two separate crimes. A simple assault is an attempted Battery. And a simple Battery is when a person uses any unwanted force of touching on another.
Based on the amount of force used or the weapon used, you can be charged with simple battery or Assault with a Deadly Weapon.
Resisting Arrest is defined basically by any action that delays, obstructs or prevents an officer from doing his duties.
Simple Battery is a misdemeanor and is punishable by a maximum of one year in jail and a $1000 fine.
Assault with a Deadly Weapon is a “Wobbler” which means it could be filed as Misdemeanor or Felony. If charged as a Felony, the maximum is 4 years in State Prison.
If there is an allegation that Great Bodily Injury occurred during the assault, three years can be added to your sentence.
Resisting Arrest is commonly filed as a Misdemeanor and is punishable by 1 year in the County Jail and $1000 fine.
Some effective defenses to this crime are:
Self-Defense-if someone attacked you first or you felt that you would be attacked if you didn’t act immediately and you used reasonable, proportionate force to protect yourself. Your actions are justified and do not constitute a crime.
Defense of Others– If you acted to prevent harm to someone in immediate danger.
Accident-If the unlawful touching happened but you did not intend to commit the act.
Wrong person-You were wrongly identified as the culprit.
Mutual Combat-other party consented to fight.
Many other possible defense scenarios may exist for your case. Consult with Manshoory Law Group for a full analysis of your case and development of a defense strategy.