The top-ranked assault and battery lawyers at the Van Nuys, Southern California law office of Kestenbaum, Eisner & Gorin, LLP, are dedicated to getting the best possible outcomes for our clients. Our attorneys are former criminal trial prosecutors and State Bar Certified Criminal Trial Specialists with many years of courtroom experience. When it's time for an aggressive defense, count on Kestenbaum, Eisner & Gorin, LLP. Contact our office by e-mail, or call toll-free at 877-781-1570 for a prompt response.
Assault - An Overview
An assault is conduct that causes another person to reasonably believe that they are in danger of immediate harm or unwanted bodily contact. If you or someone you know has been charged with assault, it is very important that they obtain the legal representation of an experienced criminal defense attorney. There are many defenses to charges of assault, and contacting an attorney as soon as charges are filed will allow evidence to be evaluated and witnesses questioned while everything is still fresh. A skillful criminal defense lawyer can help you get through this complicated process.
Assault & Battery
Assault and battery are actually two separate crimes and can be prosecuted as either a misdemeanor or a felony. This frequently depends on the nature and seriousness of the injuries. Not all cases of assault and battery are clear, so it is important to contact a criminal lawyer to represent you and make sure that your legal rights are respected and you are aware of all of your options.
Assault is the threat of violence on another person, even if that person is not touched. Battery is any offensive touching of another person with the intent to cause harm. An unwanted touching, even if it does not result in pain to the other person, may still legally qualify as a battery. Fundamentally, no person has the lawful right to lay hostile or menacing hands on another. However, the law does not require people to submit meekly to the unlawful infliction of violence upon themselves. An experienced attorney can provide you with the necessary aggressive defense to charges of assault and battery in the courts.
Many states have undertaken a revision of their rape and assault laws, and have created a broad set of sexually related crimes. These crimes are often referred to collectively as sexual assault, criminal sexual conduct, or sexual abuse. The chief characteristic of all of these crimes is that they prohibit doing any type of sexual act against another person's will. Generally, it is not necessary to show physical resistance on the part of the victim, only that the victim did not consent to the act. The modern trend is to make the laws against sexual assault gender neutral, so that they apply to acts done against men, as well as acts committed against women. The most serious types of sexual assaults are those committed against children, or those that involve the use of violence. Other types of sexual assault include indecent conduct in public, voyeurism, sexual imposition (sexual assault on a person who is incapacitated from drugs or alcohol, or who has a mental disability), sexual battery (sexual assault using pressure or trickery), and sexual conduct with a person too young to consent legally to the conduct. If you are accused of sexual assault, you need the services of a skilled defense attorney, who knows the ins and outs of handling a sexual assault case.
State laws regarding domestic assault have undergone many changes in recent years. Today, such charges are frequently prosecuted even where the victim refuses to press charges or recants initial clams of abuse. A good assault defense attorney will have handled many types of assault cases arising from a range of situations. The penalties for domestic assault charges can range from anger management counseling to felony charges and incarceration. If you have been arrested for domestic assault or violence, protect your rights by contacting an attorney.
Coping With the Assault Arrest of a Family Member
If someone in your family is arrested for assault, you probably aren't certain where to turn or what to do to handle the situation. Maybe you or another member of the family was the victim of the assault, which may mean you have additional issues to deal with. While a family member's arrest is a daunting situation, there are several straightforward things you can do right away to gain some information and control. Before you do anything else, however, you should contact an experienced criminal defense lawyer. Seek out an attorney who can help guide you through the complicated maze of the justice system with compassion and honest counsel. Once you have contacted a good criminal defense lawyer, you can turn to taking care of yourself, your family, and your arrested family member, providing the support that each individual needs.
Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.