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Arrest For Battery In Los Angeles
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State:
Multi-State
County:
Los Angeles
Control #:
US-000280
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FAQ
Criminal court Charges are filed. Typically, the prosecutor files a Complaint. Arraignment. The defendant goes to court. Pretrial activities. Trial. Sentencing. After sentencing.
The Fourth Amendment right against unlawful search and seizure, the right to a trial by jury, the right to an attorney, and freedom from self-incrimination are all examples of provisions central to procedural due process.
The process of obtaining an arrest warrant begins when law enforcement officers or prosecutors present evidence to a judge demonstrating probable cause that a person has committed a crime. To issue an arrest warrant, the judge must be convinced that there is sufficient evidence to justify the arrest.
California Penal Code § 242 – Simple Battery California Penal Code CPC §242 – Simple Battery – California Penal Code Section 242 makes it illegal to use willful and unlawful force on another person. Conviction under CPC §242 permits up to six months in a county jail and/or a fine of up to $2,000.
What is legally required for an officer to arrest you? The officer has “probable cause.” Probable cause is the grey area between suspicion and complete certainty. The officer has personally observed the crime. The officer has an arrest warrant.
Assault, California Penal Code (PC) 240, involves causing fear or apprehension of imminent violence (whether attempted or threatened) and is typically a misdemeanor. Battery, California Penal Code 242, involves using force or violence and is typically much more serious.
Simple assault is usually the least severe assault crime, and it is generally charged as misdemeanor assault. Further, the laws of some jurisdictions set forth different degrees of simple assault.
California Penal Code section 242 defines battery as willful and unlawful use of force or violence upon another person. There does not have to be a mark on the victim nor does the victim have to suffer any injury. Marks or injuries would confirm the witness statements that the battery occurred.
The crime is typically charged as a misdemeanor and is punishable by up to six months in jail. No matter if a person is charged with assault or battery, the accused must contact a skilled criminal defense attorney or a criminal defense lawyer for help.