Burbank Assault & Battery

Burbank Assault & Battery – Penal Code 242 PCdomestic battery

In Burbank, assault and battery offenses are considered violent crimes that can carry severe and extensive penalties for those convicted. This class of criminal offenses is closely related to Burbank domestic violence crimes, with significant overlap between the two. Prosecutors tend to enforce these crimes with very strict punishment and the penalties can be very harsh.

While people tend to refer to assault and battery in the same context, they are actually two different crimes. Battery is defined in California Penal Code Section 242 PC as the act of nonconsensual physical contact, however slight. California Penal Code Section 240 PC defines assault as putting another in fear of impending physical contact. An assault can be viewed a battery that was attempted, but not completed, while battery is a "completed assault."

Assault & battery crimes in Burbank can include the following the offenses:

  1. Burbank Assault - California Penal Code Section 240 PC
  2. Battery in Burbank - California Penal Code Section 242 PC
  3. Assault with a Deadly Weapon (ADW) Occurring in Burbank - California Penal Code Section 245(a)(1) PC
  4. Burbank Domestic Battery - California Penal Code Section 243(e)(1) PC
  5. Burbank Sexual Battery - California Penal Code Section 243.4 PC
  6. Battery on a Police Officer in Burbank - California Penal Code Section 243 PC
  7. Burbank Aggravated Battery - California Penal Code Section 243(d) PC

In terms of criminal charges, a significant number of the assault and battery offenses occurring in Burbank are considered "wobblers." A "wobbler" is an offense that can be filed as either a felony or a misdemeanor. Prosecutors consider various factors when deciding how to file a case, including the specifics of the circumstances and the criminal history of the defendant.

A conviction for an assault and battery-related offense in Burbank can carry significant jail or prison sentences, costly court fines, restitution to any victim, probation or parole with numerous conditions, counseling and/or anger management, stay-away orders and prohibitions on owning a gun. A conviction for assault or battery can have extensive collateral consequences. Employers are often wary of hiring people with convictions of this nature on their record. Assault and battery convictions can also limit housing options. In addition, many of these offenses are "strikes" under California's Three Strikes Law. As such, they can be used to enhance all future convictions.

A variety of defenses may apply to those charged with assault and battery offenses in Burbank. There may be a legitimate self defense claim when someone uses physical force to defend themselves or others. Additionally, this is an area in which false accusations are frequent, especially when the assault or battery allegations stem from a domestic violence incident. When this happens, an experienced Burbank criminal defense attorney can work for his client to ensure the police and prosecutors know the true facts. Furthermore, there may be occasions in which someone commits an assault and battery offense while they are unconscious or unknowingly under the influence of an intoxicant. In these situations, an effective Burbank defense attorney can mount an involuntary Intoxication / unconsciousness Defense.

If you or a loved have been charged with an assault and battery offense in Burbank, it is crucial that you meet with a knowledgeable Burbank Criminal Defense Attorney immediately. Burbank Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who was previously assigned as a senior level prosecutor at the Burbank Courthouse. As a result, Mr. Kraut has established a reputation in Burbank as a skilled litigator with an extensive knowledge of criminal law and procedure who fights passionately on his clients' behalf.

For more information about assault and battery offenses in Burbank, and to schedule your free consultation, contact Burbank Criminal Defense Attorney Michael Kraut at the Kraut Law Group located at 2600 West Olive Avenue, 5th Floor, Burbank, CA 91505. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-563-9810.

Share |
Client Reviews
He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
Eve Sal
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
Avvo User
There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
Kyle, Avvo User
Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
Thank you Mike for helping my son.
Mark, Avvo User
Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
Eric, Google User
How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!