Can a judge lower a charge?
Can a judge lower a charge?
The judge can either move forward with the trial, or if the prosecutor cannot prove sufficient probable cause, can dismiss the entire case altogether. The judge can also reduce a felony charge to a misdemeanor charge if he or she deems it necessary.
What does a request for dismissal mean?
a term for asking the court to terminate or dismiss a case. usually asked for by the attorney for the defendant.
Should I get a lawyer for a battery charge?
If you are facing a simple battery charge, you should consult with a skilled and knowledgeable criminal defense attorney. They can educate you on your state’s specific statutes regarding simple battery. Additionally, they can help you determine if any defenses are available to you given the specifics of your case.
How bad is a battery charge?
A simple battery charge is codified under California Penal Code 242 PC, where it is categorized as a serious misdemeanor. If a conviction is reached, a defendant could face both significant fines, jail time and restrictions on owning firearms.
How long does a simple battery charge stay on your record?
It stays on your record forever unless you take action to remove it. You must have at least three years from the date of conviction as a bare minimum to qualify. The statute is kind of a pain, so if you have any other criminal convictions, it may complicate the process or prevent you from getting the matter expunged.
Is a battery charge worse than assault?
The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.
What is the average sentence for battery?
A basic battery allegation is usually classified as a misdemeanor. The range of punishment for a battery conviction is one day up to a year in a county or parish jail. Fines for battery convictions do not usually exceed $2000.00.
Can you press charges if someone pushes you?
California law says that an assault is an attempt to commit a violent injury on someone else. Shoving a person can definitely equate to trying to hurt another person. Both simple assault and simple battery are charged as misdemeanors in California. Both are also punishable by up to six months in county jail.
Is verbal assault illegal?
There is no such crime as “verbal assault.” However, physical assault is a crime. Threatening physical harm or violence however is a crime. When you threaten to or perform an act of physical violence, the victim can file assault or battery charges against you.
