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Charged with assault or battery

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in California?

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Check the exact charge,

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obey your court orders,

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preserve evidence, and get a

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defense lawyer.

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The charge and the facts

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determine the possible

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penalties and defenses.

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California assault can happen

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without anyone being touched.

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It involves a willful act

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likely to apply force,

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awareness of the relevant

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facts, and a present ability to

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apply that force.

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Battery involves willful,

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unlawful touching in a harmful

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or offensive way.

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Even slight contact can count,

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including through clothing,

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without pain or injury.

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These are legal elements, not a

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judgment about your case.

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Start with the actual code

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section on the charging

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document.

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For simple assault under

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California’s basic penalty

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rule, the maximum is six months

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in county jail, a fine of one

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thousand dollars, or both.

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For simple battery, it is six

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months, a fine of two thousand

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dollars, or both.

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These are statutory maximums

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for those basic charges, not

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predictions or the total

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financial cost.

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Additional amounts and other

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consequences may apply.

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Do not use these figures for a

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different or more serious

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charge.

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A weapon, force likely to cause

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great bodily injury, serious

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injury, or the identity or

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relationship of the other

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person can change the charge

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and exposure.

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Some aggravated cases carry

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felony prison consequences.

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Domestic battery has its own

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rule and can involve a longer

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jail maximum and required

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programming.

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A lack of visible injury does

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not automatically eliminate a

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weapons or force-based assault

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charge.

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Ask counsel to explain every

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count,

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allegation and possible

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consequence before any plea.

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At arraignment, the court

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explains the charges and your

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rights, addresses your plea and

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release conditions, and sets

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the next dates.

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If you cannot afford a lawyer,

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ask for appointed counsel.

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Request an interpreter if

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needed.

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Speak with a lawyer before

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pleading guilty or no contest,

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or waiving a time limit.

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Follow the court’s directions

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about appearing.

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Waiting for a lawyer, or hoping

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the other person will withdraw

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a complaint, does not cancel a

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hearing.

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Self-defense generally requires

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a reasonable belief in

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immediate danger, a reasonable

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belief that force was needed

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immediately, and no more force

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than reasonably necessary.

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Fear of future harm is not

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enough.

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The right ends when the danger

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ends or no longer reasonably

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appears to exist.

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Starting a fight or agreeing to

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fight creates additional rules

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and exceptions.

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When the defense is properly at

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issue, prosecutors must

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disprove at least one required

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element beyond reasonable

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doubt.

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Get the whole incident

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assessed.

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Preserve complete messages,

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original videos, photographs

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and records you lawfully hold,

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along with witness contact

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details.

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Note nearby cameras promptly

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because recordings may be

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overwritten.

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Ask your lawyer about lawful

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preservation requests and

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access to police evidence.

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Depending on the facts, the

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defense may examine identity,

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whether the act was willful,

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the ability to apply force, the

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alleged contact, or lawful

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self-defense.

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Do not edit evidence, invent a

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version of events, coach

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witnesses or post your account

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publicly.

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Read every no-contact,

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stay-away and release order

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carefully, including any

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firearm requirements.

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Do not contact a protected

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person directly or through

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someone else in breach of the

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order, even if they invite you.

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Ask your lawyer to seek any

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lawful change from the court.

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The government brings criminal

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charges, so a complainant

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cannot simply cancel the

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prosecution.

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Never pressure anyone to

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withdraw a statement or change

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their evidence.

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First, collect the charging

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papers, list the next dates,

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and understand every condition.

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Second,

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preserve the original evidence

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and give your lawyer a factual

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timeline privately.

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Third,

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ask for advice on the exact

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charges, realistic options and

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all consequences,

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including any immigration or

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employment concerns.

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If you cannot afford

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representation,

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raise that with the court

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promptly.

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A charge is not a conviction:

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the prosecution must prove the

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offense beyond reasonable

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doubt.

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Read the California answer and

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sources at Legal Hotline dot

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com, with a hyphen between

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Legal and Hotline.

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Our United States number is on

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screen for free general legal

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information.

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Legal Hotline is an information

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service, not a law firm.

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Lawyer matching is separate.