Assault and battery charges may be filed either as a misdemeanor or a felony, depending on the circumstances. Assault with a deadly weapon is extremely serious. Often, a person’s hands are considered a deadly weapon under certain circumstances. If your case is filed as any felony assault case, an experienced attorney may often be able to get the case reduced to a misdemeanor if they are unsuccessful in getting the case dismissed. Self-defense is often the most common reason a case is dismissed, however, only after vigorous representation by an experienced dedicated attorney looking out for your interests.
Depending upon the case:
- You may be facing imprisonment in county jail, or in state prison.
- If you are charged with assault by a deadly weapon with the intent to cause great bodily injury, and a great bodily injury was sustained, the case involves an enhancement commonly referred to as a GBI (great bodily injury) enhancement.
- Call Us Now For More Information, If You Get Confused.
Have You Been Convicted?
If you are convicted of this offense, it is a strike, and certain sentencing guidelines apply. If the “victim” suffered great bodily injury; however, you were lawfully defending yourself; you would want to take the case to trial unless your case is dismissed. The firm is experienced in this area of the law and will vigorously represent you. If you are innocent or have a valid defense, you should not feel guilty. Incidentally, you do not have to “prove” your innocence. On the contrary, the prosecution must prove their case beyond a reasonable doubt if the case goes to trial. Many criminal assault cases are filed as misdemeanors. If your case is a felony, your case may be reduced to a misdemeanor and probation granted, unless we are able to get the charges dismissed. Depending upon what you are charged with, you are convicted, and you do not get probation for whatever reason (even if you are eligible for probation), you must serve a sentence in state prison. If your case is not dismissed, it is a “good” thing to qualify for probation.
Again, if you are convicted, you would rather get probation than serving a sentence in state prison. Even if you are convicted of a felony assault-type case, you do not have to go to jail. An experienced attorney is what you need for vigorously representing you throughout all stages of your case. You deserve the best defense.
If you are charged with a crime that was not discussed separately on this website, it does not mean the firm does not handle your type of case. The firm handles all criminal matters; however serious.