Assault & Battery
The Law Office of Adam T. Spicer is prepared to defend you in any assault and battery case as well as any crime of violence.
- The common law definition of battery is a contact with another person that is harmful or offensive.
- Although both California and Nevada have statutes the define assault and battery, both states follow the common law definition.
- Both California and Nevada allow battery to be charged as a misdemeanor or a felony. Generally that decision is up to the prosecutor that files the criminal charges. The severity of the crime charged depends upon the facts and circumstances of the offense as well as the extent of the injuries.
- Criminal penalties can be increased if the victim suffered substantial or gross bodily injury (SBI or GBI).
- An affirmative defense is a defense that exonerates the perpetrator from criminal liability. Said another way; if a person can prove an affirmative defense, then they are not guilty of the crime charged.
- The defendant bears the burden of proof when presenting an affirmative defense.
- The affirmative defenses that most commonly apply to assault and battery are self-defense and defense of others.
- If a defendant in an assault and/or battery case can prove that they were acting in self-defense or in the defense of another third party, then there is a potential defense in their case.