An assault is a demonstration of an unlawful intent by one person to inflict immediate injury or offensive contact on the person of another. Although physical contact is not an element of assault, violence or offensive contact that is threatened is the essential element. The defendant must intend to cause immediate injury, not an injury in the future.
A battery is a wrongful or offensive physical contact with another through the intentional contact by the tortfeasor and without the consent of the victim, the unpermitted application of trauma by one person upon the body of another person, or any unconsented to touching of another person.
When contacting an attorney to defense you or a loved one for an assault and battery defense in Huntington Beach, Newport Beach or the greater Orange County area, you should provide your attorney with the facts of your case as well as additional information including:
- Previous arrests and convictions
- Other pending criminal charges
- Arrest and Booking Information
- Objects or clothing seized
- Witnesses to arrest
- Line up
- Description of client's clothing worn on date of incident
- Description of alleged victim on date of incident
- Lighting conditions
- Weather conditions
- Date and precise time of occurrence
- Threatening words uttered by client
- Threatening words uttered by alleged victim
- Injury resulting from the incident
- Property damage resulting from the incident
- Weapons used
The typical defenses to an assault and battery are self-defense, defense of others, and defense of property. Intoxication and mistake of fact may also serve as a complete defense or as a mitigating factor against assault and battery charges.