Assault and Battery, Assault with a Deadly Weapon, Resisting Arrest
The Law Offices of Attorney Anthony A. Arzili specializes in Downey Assault & Battery/Assault with a Deadly Weapon and Resisting Arrest cases.
Crime Definition
An Assault and Battery is basically the unlawful touching of another person.
Based on the amount of force used or the weapon used, you can be charged with simple battery or Assault with a Deadly Weapon.
Resisting Arrest is defined basically by any action that delays, obstructs or prevents an officer from doing his duties.
Consequences
Simple Battery is a misdemeanor and is punishable by a maximum of one year in jail and a $1000 fine.
Assault with a Deadly Weapon is a “Wobbler” which means it could be filed as Misdemeanor or Felony. If charged as a Felony, the maximum is 3 years in State Prison.
If there is an allegation that Great Bodily Injury occurred during the assault, more years can be added to your sentence.
Resisting Arrest is commonly filed as a Misdemeanor and is punishable by 1 year in the County Jail and $1000 fine.
Defenses
Some effective defenses to this crime are:
- Self-Defense-if someone attacked you first or you felt that you would be attacked if you didn’t act first.
- Defense of Others- If you acted to prevent harm to someone in immediate danger.
- Accident-If the unlawful touching happened but you did not intend to commit the act.
- Wrong person-You were wrongly identified as the culprit.
- Mutual Combat-other party consented to fight.
Many other possible defense scenarios may exist for your case. Consult with Attorney Anthony Arzili for a full analysis of your case and the development of a defense strategy.
Real Case Results involving
Assault/Battery & Assault with a Deadly Weapon/ Resisting Arrest*
Client charged with Assault and Battery for following victim home and beating him with his fists and feet over a debt. Prior to hiring the Law Offices of Attorney Anthony Arzili, Client faced 1 year in County Jail and 52 sessions of Anger Management classes and 3 years of supervised probation.
The District Attorney on the case was dead set on sending this client to jail. Attorney Anthony Arzili was more than ready for the battle. At trial, Attorney Anthony Arzili attacked the prosecution witnesses one by one. After a blistering cross-examination, the victim stumbled and could not get his stories straight. Next up was the police officers that investigated the crime. Attorney Anthony Arzili reduced their testimony to hearsay and speculation. The Jury needed only 30 minutes to find our client Not Guilty of all the charges.
CASE DISMISSED.
Our client was charged with Battery on 3 Police Officers and Resisting Arrest.
The DA claimed that my client did not submit to the police officers request and that he kicked one of them in the groin.
Our client was facing 4 years in the County Jail, Counseling, Probation and the all the medical costs for the Police Officers injuries.
At trial, all 3 Police Officers testified and attempted to paint our client as unruly and a drunk. But after Attorney Anthony Arzili was finished with them, the jury saw a totally different picture. The true aggressors were the police. The Jury found our client NOT GUILTY of all the charges. Our client was able to walk out of the courtroom and back into his life.
CASE DISMISSED
Our client was charged with Battery on a Police Officer and Resisting Arrest.
The DA alleged that he was drunk and had attacked a police officer.
Attorney Anthony Arzili was able to negotiate a settlement where client would do a handful of anger management classes and in return the DA dismissed all charges and nothing appeared on his record.
CASE DISMISSED