Assault/Battery

In most states, an assault/battery is committed when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm. Many states declare that a more serious or "aggravated" assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon. Historically, laws treated the threat of physical injury as "assault", and the completed act of physical contact or offensive touching as "battery," but many states no longer differentiate between the two.

Domestic Violence

Domestic violence is a broad category of crimes in which the accused has a dating or family relationship with the victim. A suspect can be charged under a variety of California criminal statutes: Spousal Abuse (PC 273.5); Battery (PC 242-243); Assault (PC 240-241); or Criminal Threats (PC 422).

Domestic violence can be verbal or physical. An example of verbal domestic violence would be a threat to do immediate physical harm. Domestic violence can be removing the phone from the house, from the room, or removing the phone cord from the wall. Domestic violence can be between mother and daughter, father and son, boyfriend and girlfriend, husband and wife, partner and partner.

Domestic Violence charges can be charged as a felony or a misdemeanor depending on the severity of the case. Injuries will often be charged as felonies.

Domestic violence is one of the most aggressively prosecuted crimes. If you have been arrested for domestic violence, you need to seek an experienced criminal defense attorney immediately. Even if you are charged with a misdemeanor, the penalties for domestic violence are severe.

Robbery

Many states define robbery as theft/larceny of property or money through the offender's use of physical force or fear against a victim. Where a deadly weapon such as a gun is used or the victim suffers injury, the robbery may be charged as "armed" or "aggravated." Unlike burglary, the crime of robbery almost always requires the presence of a victim who suffers actual injury, or is threatened with harm.

For example, Dan approaches Victor from behind, demanding Victor's wallet while pressing a hard object into his back. Fearing that Dan has a gun, Victor gives up his wallet. If Dan did use a gun, or if Victor suffered an injury, the charge would likely be elevated to "armed" or "aggravated" robbery.