In order for you to be convicted of an assault charge, all of the following must be preset:

• The accused unlawfully committed an act which would probably and directly result in the application of physical force on another person.
• At the time of the act, the accused had the ability to commit an injury on another person.
• The act in question was made in self-defense.

Many times, we are able to provide a powerful defense by proving that one of these conditions wasn’t met. Either you acted in defense (whether of self or another), you weren’t able to apply the force, or you didn’t have the required mental intent.

While battery is often included with assault, it is actually a separate charge when the force or violence intended was actually applied; this requires other defense tactics which Brendan will craft based on the fact pattern of the case.

A reputable assault battery attorney in San Jose will help you fight your charge, protecting your rights so that you get the best outcome possible. Brendan Barrett investigates each case thoroughly and assists all clients with the entire criminal court process. Set up your free consultation today.