Assault & Battery Attorney in Irvine, California
Irvine, California, is a premier destination for families, professionals, and investors seeking a thriving, master-planned community with world-class amenities. Located in the heart of Orange County, Irvine is renowned for its top-rated schools, booming job market, and unparalleled quality of life. The city consistently ranks among the safest in the nation, making it an ideal place to call home. With an extensive network of parks, shopping centers, and entertainment hubs, Irvine offers something for everyone.
One of Irvine’s standout attractions is the Irvine Spectrum Center, a vibrant open-air shopping and entertainment destination featuring luxury retailers, fine dining, and attractions like the Giant Wheel and the Regal Irvine Spectrum movie theater. Additionally, the city is home to the prestigious University of California, Irvine (UCI), a world-class institution driving innovation and research in technology, healthcare, and business.
Beyond its attractions, Irvine is a hub for business and economic growth. The Irvine Business Complex and Spectrum District house major corporations, tech firms, and startups, making it a hotspot for career advancement.
Despite it’s attractive offering, assault and battery cases still occur throughout the community. If you're facing assault or battery charges in Irvine, California, the legal process can be overwhelming and intimidating.
As a seasoned attorney at McCready Law Group, I understand how these charges can affect your life, and I’m committed to providing the aggressive criminal defense you need. Assault and battery cases often carry serious consequences, but a skilled defense attorney can help you protect your rights and secure the best possible outcome.
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Why You Need a Criminal Defense Lawyer
Facing assault and battery charges in Irvine, California, can have serious consequences, including hefty fines, probation, and even jail time. The legal system in Orange County is known for its strict enforcement of laws, and prosecutors aggressively pursue convictions in violent crime cases.
Whether you’re dealing with misdemeanor or felony charges, having an experienced criminal defense lawyer on your side is crucial to protecting your rights and securing the best possible outcome.
A skilled Irvine criminal defense attorney understands the challenges of California’s self-defense laws, potential plea bargains, and how to challenge the prosecution’s evidence. In many cases, law enforcement may arrest individuals based on incomplete or biased accounts of an incident.
A knowledgeable lawyer can investigate the circumstances, gather witness statements, and present compelling legal arguments to reduce or dismiss charges. For example, if you acted in self-defense or there was insufficient evidence, your attorney can fight for case dismissal or acquittal.
Moreover, a strong legal defense can help minimize penalties even if a conviction seems likely. Depending on the situation, an attorney may negotiate a plea deal, seek alternative sentencing, or advocate for anger management programs instead of jail time.
Given Irvine’s tough stance on violent crimes, attempting to handle assault and battery charges without proper legal representation can be risky. If you or a loved one is facing these charges, hiring an experienced criminal defense lawyer in Irvine is essential to safeguarding your future and making sure your side of the story is heard.
Frequently Asked Questions About Assault and Battery
When you're been charged with assault and battery, you most likely have many questions. Some of the most common questions I receive when include:
How Is Assault Defined Under California Law?
Under California Penal Code Section 240, assault is defined as an unlawful attempt, coupled with the present ability, to commit a violent injury on another person. The law doesn't require the victim to be injured or even touched—merely the intent and ability to commit harm.
This means that if you threatened someone with violence or attempted to strike them, you could be charged with assault, even if no physical contact was made.
The key elements of assault include:
Intent: You must have had the intent to use force or violence against another person.
Present ability: You must have had the means to carry out your intent at the time of the alleged assault.
It’s important to note that an assault charge can be prosecuted even if the victim didn't suffer an injury. Therefore, defending yourself against a charge of assault involves showing that there was no intent to harm or that you lacked the ability to carry out the alleged act.
How Is Battery Defined Under California Law?
Battery, as defined by California Penal Code Section 242, involves the willful and unlawful use of force or violence against another person. Unlike assault, battery requires actual physical contact.
However, the injury caused doesn’t have to be severe. Even minimal contact, such as a push or a slap, can lead to battery charges if it was done with criminal intent.
For a charge of battery to stick, the prosecution must prove:
Unlawful use of force: You used force or violence against another person, without legal justification.
Willfulness: Your action must have been intentional, not accidental.
What Is the Difference Between Assault and Battery?
While both assault and battery are violent crimes, the key difference lies in the nature of the action. Assault is an attempt or threat to inflict harm, whereas battery involves actual physical contact. However, the two offenses are often charged together, especially if there is a direct threat followed by physical contact.
For example, if you threatened someone with harm (assault), and then physically hit them (battery), you could be charged with both assault and battery under California law. These charges are often tied together and may result in more serious penalties.
What Are the Potential Penalties?
Both assault and battery carry significant legal consequences in California, and a conviction can impact your future. The penalties vary depending on the nature of the offense, whether the victim was a specific category (such as a police officer or child), and whether there were any aggravating factors.
Simple Assault
For simple assault (Penal Code Section 240), if convicted, you may face:
Misdemeanor charges
Up to six months in county jail
A fine of up to $1,000
Probation
Simple Battery
If convicted of simple battery (Penal Code Section 242), the penalties may include:
Misdemeanor charges
Up to six months in county jail
A fine of up to $2,000
Probation
Aggravated Assault & Battery
If the assault or battery involves aggravating factors, such as using a weapon, causing serious injury, or targeting certain individuals (e.g., police officers or healthcare workers), the charges may be upgraded to felonies. Felony assault or battery convictions can lead to:
Several years in state prison (depending on the severity)
Substantial fines
Probation or parole
A felony conviction for assault or battery can have long-term consequences, including the loss of certain civil rights (such as the right to own a firearm) and difficulties in finding employment or housing.
Domestic Violence
If the assault or battery occurred within a domestic setting, such as between spouses or cohabitants, the offense may be classified as domestic violence. This can result in additional penalties, including mandatory counseling, restraining orders, and longer sentences.
California law takes domestic violence very seriously, and anyone facing charges in these circumstances should seek legal assistance immediately.
Testimonials
At McCreast Law Group, I've fought for the rights of many clients. Take a look at some of the following testimonials from satisfied clients I've worked with in the past:
"He is a man who is honest, as a lawyer he is the perfect lawyer. I would tell everyone that if you want protection and you want to win your case Zachary J McCready is the one for you. I highly recommend you retain him if you like a fair case, want to win your case, and want to be free." - Anonymous
"I am thrilled both cases have been dismissed! Thanks again to you for a job well done and outstanding professionalism! Words cannot express how grateful I am!" -Anonymous
"I would highly recommend Zack. He kept me out of jail and informed on the legal process regarding my case. Very understanding and intelligent." - Anonymous
These are only a few of my satisfied clients. To learn more, take a look other Testimonials.
Take the First Steps Today
As an experienced criminal defense attorney at McCready Law Group, I'll fight to protect your rights and work toward the best possible outcome for your case. I’m proud to serve Irvine, Long Beach, Santa Ana, Fountain Valley, Huntington Beach, Riverside, Garden Grove, and Pasadena. Contact my firm today to get started.