Aggravated Assault And Felony Assault Charges
Most of the time when assault and battery takes place, these crimes are punishable as misdemeanors, meaning those charged will face no more than one year in jail. However, not all assault crimes are considered equal. In fact, depending on the conditions surrounding the crime, the assault charges can escalate to felony levels. When this happens, a conviction can mean a sentence of life in prison. If you find yourself facing assault charges, much of the eventual outcome of your case may come down to whether it is considered to be aggravated or felony assault. Since the penalties can be severe for these charges, contact the law firm of Mann Elias. As an assault lawyer Los Angeles recognizes as having the experience and knowledge to handle such cases, they can advise you as to the best way to proceed.
The 85 Percent Rule
Depending on the circumstances that resulted in assault charges being brought against you, your crime could fall under what is known as the “85 Percent Rule.” If it does, this means you must serve at least 85 percent of your sentence before being eligible for parole. Assault crimes that often fall under this rule include poisoning with intent to kill, shooting with intent to kill, nursing home abuse, and committing aggravated assault and battery upon another person who is in the act of defending another person from assault and battery. Since your sentence could vary greatly depending upon whether or not your crime is deemed to fall under the 85 Percent Rule, don’t take any chances. Instead, turn to Los Angeles assault and battery lawyers at Mann Elias for your defense.
Aggravated Assault and Battery
For an assault and battery charge to be elevated to aggravated assault and battery, there are two conditions of which at least one has to be involved in the case. First, if the assault results in “great bodily harm” that leads to broken bones, disfigurement, or loss or impairment of mental faculties or body parts, it may be considered aggravated assault. Also, if the assault and battery is committed by an able-bodied person against a victim who is elderly, incapacitated, or weak in any manner, aggravated assault charges may be brought by prosecutors. If the resulting damage from the assault leads to a permanent and obvious disability or disfigurement, the more serious felony charge of maiming may be brought, which carries with it a sentence of life in prison. Rather than face these serious charges with an inexperienced attorney, hire the services of a Los Angeles assault and battery attorney at Mann Elias.
Dangerous Weapons vs. Deadly Weapons
When being charged with assault and battery, a distinction will need to be made whether or not you used a dangerous weapon or a deadly weapon. While it may sound as if there is little difference between the two, the fact is making a clear distinction can greatly determine the type of sentence you may receive from the court. For example, if you use a baseball bat, pair of scissors, or ordinary household object to harm another person, this may be considered using a dangerous weapon to commit an assault. However, if you use your car in an attempt to run over another person or shoot them with a gun, these will be considered deadly weapons. While dangerous weapon cases are punishable by a maximum of ten years in prison, deadly weapon charges carry sentences of life in prison. Rather than risk spending decades in prison, work with a personal injury lawyer who understands the nuances of these cases.
If an assault takes place while another felony crime is being committed, felony assault charges may be brought against the accused. This can be crucial, since along with the penalties associated with the felony crime, felony assault charges carry with them a maximum of five years in prison. Therefore, turn to Mann Elias, where you can work with an assault lawyer Los Angeles residents trust to handle these cases with the utmost expertise.
Intent to Kill
To prove aggravated assault and felony assault charges, prosecutors often have to show the accused had an intent to kill the victim. This often involves cases where victims were shot, stabbed, or allegedly poisoned by the accused. Since many different factors can come into play when trying to prove an intent to kill, have a personal injury lawyer on your side who can use existing evidence to your advantage.
Depending on the charges brought against you, it will be crucial you have Los Angeles assault and battery lawyers who can protect you from serious life-altering consequences. Therefore, rather than let prosecutors have their way in court, consult with and hire the services of a Los Angeles assault and battery attorney at Mann Elias.