Assault & Battery Attorney in Bakersfield

The chances of being involved in an assault or battery in Bakersfield, California is one in 200 people. Aggravated assault is considered one of the most common types of crime in Bakersfield. Aggravated assault occurs when one has a deadly weapon, such as a gun or a knife. This could be a very traumatic experience for the victim, and the victim has a right to hold the perpetrator accountable. 

Where types of assault are most likely to occur in Bakersfield?

There are several cities and Bakersfield where assaults or more common. This doesn’t necessarily mean that assaults and battery don’t take place in other cities. There is a general trend among the below cities:

• Industry
• Vernon
• Sand City
• Colma
• Dos Palos 

Usually, the trend is that the more people there are living in the city, the more likely they are to experience an assault or battery from another party. We recommend that you speak to our Bakersfield personal injury attorneys as soon as possible after experiencing assault or battery. Give us a call today to set up a free case evaluation and to discuss your case.

A perpetrator of an assault or battery could get criminally charged with these crimes. But, filing a civil lawsuit is a completely separate type of lawsuit that will require the need of a Bakersfield personal injury attorney. 

What is battery?

Each state has its very own definition of what battery means, and the different requirements that must be met in order to file a battery claim against the perpetrator. In Bakersfield, battery requirements are:

• Intentional act by the person to create physical touching
• The touching was harmful or offensive to the victim.
• The perpetrator did not have consent for the touching 

What is assault?

An assault is somewhat different from a battery since it could include threats of violence, whereas a battery is more of a physical contact. A simple threat could be considered an assault. Requirements are:

• The perpetrator must have the intent to cause harm
• There must be some type of threat to the victim
• The victim must have the apprehension of fear 

Bakersfield assault charges

• The assault charge depends on the severity of the assault
• Simple assaults will have a fine of up to $1,000 or up to 6 months in jail
• Misdemeanor aggravated assault will result in up to one year in prison
• Felony aggravated assault will result in up to 4 years in prison

All the above charges will leave a mark on a perpetrator’s record. Despite the fact that there are these heavy fines and consequences, perpetrators are still likely to assault others.

Bakersfield Battery Charges 

A prosecuting attorney could assign battery as a misdemeanor or a felony depending on the severity, and the different parties involved. A  simple battery is a misdemeanor that will result in a fine of up to $2,000 or 6 months in jail. 

Common Injuries Resulting From Assault And Battery

• Bruises: Bruises are the number one most common visual injury that results from an assault or battery. Since an assault or battery uses excessive force, this excessive force could lead to contusions, which could be visible as bruises in a matter of a couple of days.
• Cuts: Cuts usually occur when the perpetrator engages in assault or battery with an object. For example, cuts are commonly seen in cases of assault and battery with a sharp object, such as a knife.
• Concussions: In certain cases, including sexual assault cases concussions are common when a perpetrator is trying to pin the victim down to the ground.
• Traumatic brain injury: If the target of the assault is hit in the head with an object, or is pushed to the ground, they could suffer traumatic brain injuries and lose consciousness.
• Internal damage: Heavy pushing and punching could lead to internal injuries, such as internal bleeding. This could be very dangerous, especially because victims may not know that they have internal bleeding until they’ve seen symptoms.
• Hand injuries: Since victims usually try to fight back in an assault or battery, hand injuries are very common.
• Scarring: Cuts could lead to scarring, which may require several different surgeries, and could affect a person’s self-esteem.

Could I recover compensation for emotional distress for an assault or battery?

You can recover compensation for the emotional distress that you have suffered from an assault or battery. Usually, victims of assault and battery are afraid of coming forward for fear of speaking out and being retaliated against. Others are fearful of speaking out because many may not believe them. This could lead to several different types of pain and suffering, including anxiety attacks, insomnia, depression, low self-confidence, and social anxiety.

Our top-rated sexual assault attorneys hold perpetrators responsible and take into account the emotional toll that a sexual assault or battery has taken on a victim. 

What should I do after an assault in Bakersfield?

1. The first step you should take is to get medical attention to be evaluated for any injuries that you may have suffered that may not be visible immediately.
2. Track down the perpetrator. Usually, sexual assault is perpetrated by those who are familiar with the victim. If you are not familiar with the perpetrator, asking for surveillance videos from nearby businesses is crucial.
3. Talk to an experienced Bakersfield assault attorney for more information on how you could move forward with the care that you need. 

What compensation could I receive for my assault and battery case?

• Past Lost Wages
• Future Lost Wages
• Medical Expenses
• Property Damage
• Emotional Distress 

How much is my Bakersfield assault and battery case worth?

To better determine how much your assault and battery case is worth, our attorneys recommend that you come in for a one-on-one consultation. Our consultation evaluates all factors involved in your case. After taking a look at all the factors, we then will be able to determine the value of your case. 

What are common assault and battery defenses?

The perpetrator could raise several different defenses to an assault or battery claim. But, it takes a highly qualified attorney who has knowledge of assault and battery laws to hold the perpetrator responsible. Examples of defenses include:

• The perpetrator could claim that they had consent
• The perpetrator could claim that they were acting in self-defense and were fearful for their lives 

Bakersfield Assault And Battery Attorney

We have been representing assault and battery victims for the last several decades. We hold perpetrators accountable for their actions and believe that no person should have to get away with this. 

Give us a call today to set up a case evaluation with our highly qualified attorneys. Our attorneys always offer legal options and solutions to our clients to make sure that they get the care they need.