Criminal Attorney Defense Donte Wyatt ESQ

 
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Assault and Battery

Donte T Wyatt - 

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Assault and Battery

assault and battery criminal attorney

Simple Assault and Simple Battery are the two low level base offenses that most aggravated or felony assaults and battery charges are based on. First Simple battery is any unlawful and or offensive touching. An offensive touching could be a push, a punch or throwing something at someone. Simple Assault is trying to batter a person and being unsuccessful. Both assault and Battery are misdemeanor offenses. If a person is charged with a misdemeanor assault or battery there are a number of defenses. The most common defense is defense of self or defense of others. If a person is trying to assault or batter a person, that person can use reasonable force to prevent the other person from assaulting or battering them. In addition, the identification of the person can also become an issue for example if there is a fight at a bar and after the fight the participants disperses and the victim of the assault is trying to identify the person that actually assaulted or battered them.

Assault (Penal Code section 240)
1. The defendant did an act that by its nature would directly and probably result in the application of force to a person;
2. The defendant did that act willfully;
3. When the defendant acted, (he/she) was aware of facts that would lead a reasonable person to realize that (his/her) act by its nature would directly and probably result in the
application of force to someone;

4. When the defendant acted, (he/she) had the present ability
to apply force to a person;
AND
5. The defendant did not act in self-defense or someone else

Battery (Penal Code section 242)
1. The defendant willfully and unlawfully touched a person in a harmful or offensive
Manner;
AND
2. The defendant did not act in self-defense or in defense of
someone else

Felony Assault and battery
Simple assault and battery is predicated on the use of force no matter how minimal, however if the person who is committing the Assault or Battery uses sufficient force to cause great bodily injury or if the person in fact causes great bodily injury the person can be charged with a felony

Felony Assault

Assault with Force Likely to Inflict Great Bodily Injury

1. The defendant did an act that by its nature would directly and probably result in the application of force to a person, and the force used was likely to produce great bodily injury;
2. The defendant did that act willfully;
3. When the defendant acted, (he/she) was aware of facts that would lead a reasonable person to realize that (his/her) act by its nature would directly and probably result in the
application of force to someone; AND
4. When the defendant acted, (he/she) had the present ability to apply force likely to produce great bodily injury to a person.

Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.

Felony Battery

1. The defendant willfully and unlawfully touched a person in a harmful or offensive
manner;

2. The person touched suffered serious bodily injury
as a result of the force used;

AND

3. The defendant did not act in self-defense or in defense of
someone else.
A serious bodily injury means a serious impairment of physical condition. Such an injury may include, but is not limited to: loss of consciousness concussion bone fracture protracted loss or impairment of function of any bodily member or organ a wound requiring extensive suturing and serious disfigurement.

Similar to simple battery and assault the primary defenses to Felony Assaults and Battery are Identification (Some other Person Committed the Crime) and Self Defense I committed the crime but I did it in Self Defense. An experienced criminal defense attorney is essential when a person is charged with an Assault or Battery charge. The experienced criminal defense attorney will know how to evaluate the evidence establishing identification. This evidence could include DNA evidence, fingerprints foot prints, photo or live line ups and or simple eyewitness identification. Each of these different types of evidence must be approached and defeated separately. In addition, the experienced criminal defense attorney will be familiar with the law of Self Defense and how to effectively present a Self Defense case to the prosecutor, judge or jury. Attorney Donte T. Wyatt is experienced handling cases involving assault and battery charges. He has prosecuted such cases and he has defended individuals charged with such cases. Attorney Donte T. Wyatt will effectively prepare and present your defense.

Criminal Law


Source: http://www.dontewyatt.com

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 Donte T Wyatt ESQ

   619-807-9505

1010 Second Ave
Ste # 1020
San Diego, CA, 92101

Donte@dontewyatt.com

   

 
 
 

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