Assault and Battery
With Assault and Battery are two separate charges that are often charged concurrently. They can be found in California Penal Codes 240-248. Being charged with assault means that a person unlawfully attacked another person with the intent to injure them. Battery is any willful and unlawful use of force or violence against another person. Because the definitions of both of these crimes are so broad, a person can often be charged with either or both simply because they came in physical contact with another person without their consent. There are a variety of different assault, assault and battery, and other related laws and enhancements in the state of California.
Simple assault, the least serious assault charge, is classified as a misdemeanor in California. To be charged with simple assault, a person does not have to make any physical contact with another individual, nor do they have to cause the other person any injury. Simple battery can be charged as either a misdemeanor or a felony. Assault with a deadly weapon that is not a firearm is a felony in California. A deadly weapon, in this case, can be interpreted as a blunt instrument, a knife or even a car. Assault with a firearm is a felony; interestingly, in this case, the actual assault does not have to occur for a person to be charged. All assault offenses can have enhancements attached to them. These enhancements can be a result of the location where the alleged assault took place as well as for the victim of the alleged assault.
If a person is convicted of a simple assault as a misdemeanor, then they could face up to $1,000 in fines and 6 months in jail. For a conviction of simple battery, a person could face up to $2,000 in jail and 6 months in jail. If a person is convicted of assault with a deadly weapon or of an assault with a firearm they can face up to $10,000 in fines and 4 months in prison. Any enhancements that a person is convicted of can mean more in fines as well as more time in either jail or prison.
One of the biggest things that every conviction for assault and/or battery requires is intent. An attorney can argue that the alleged assault was a mistake or that there was no intent to injure. Without proving intent, the prosecution cannot with the case in a court of law. Another line of defense could be to argue that the alleged assault occurred as a result of self-defense. Yet another line of defense could be the argument of consent. This essentially means that the victim of the alleged assault knew that the assault was likely to happen and still participated in the situation.
If you or a loved one is facing a criminal charge, you need an aggressive Orange County criminal defense lawyer on your side. With offices in Costa Mesa, we serve people throughout Southern California, including in Huntington Beach, Irvine, Santa Ana, Costa Mesa, and Los Angeles. Call (855) 505-5588 or contact us online for a free initial consultation.