The Basics Of Assault And Battery Laws
December 5, 2024 | Ahmed & Sukaram, Criminal Defense Attorneys
Many people use the term “assault and battery” to refer to a single crime. However, California separates assault and battery into two separate crimes. It is important to understand the difference between assault and battery laws in California if you are facing these charges. Our Redwood City criminal defense lawyers explain the basics of assault and battery laws in this blog.
How Does California Define the Crime of Assault?
California Penal Code §240 defines assault as an unlawful attempt to violently injure someone when the person has the present ability to cause injury. The definition of assault does not include physically touching someone.
Depending on the circumstances, a person could be charged with other crimes involving assault, such as:
- Assault with a deadly weapon
- Assault with the intent to commit murder
- Assault on a public official
- Assault with the intent to commit a felony
- Assault by means likely to produce great bodily injury
Assault is also charged with other crimes, such as domestic violence, sex crimes, criminal threats, theft, drug crimes, and kidnapping. An altercation with someone could result in multiple charges.
What Are the Penalties for Assault in California?
The above definition of assault generally applies to simple assault. Simple misdemeanor assault can result in penalties of:
- A maximum of six months in county jail
- Summary probation
- A maximum fine of $1,000
There are enhanced penalties depending on who was assaulted. You could face up to one year in jail and a $2,000 fine if the victim is a:
- Search and rescue member
- School employee
- Animal control officer
- Juror
- Public transportation provider
- Medical provider
- Traffic officer
- Process server
- Police officer
- Firefighter
If you are charged with felony assault, the penalties increase significantly. Aggravated assault or felony assault can result in up to four years in state prison. You may also be ordered to pay a fine of up to $10,000.
How Does California Define the Crime of Battery?
California Penal Code §242 defines battery as an unlawful and willful use of violence or force upon someone. Unlike assault, which is unlawfully attempting to injure someone, proving battery requires the state to establish:
- The defendant unlawfully and willfully touched the victim and
- The touch was harmful or offensive.
A person is “willful” when they do something intentionally or on purpose. To be willful, you do not have to intend to break the law or hurt the person. Likewise, to be offensive or harmful, the touch does not need to cause injury.
As with assault, battery is often charged with other crimes. For example, you can be charged with domestic battery if the victim is a current or former intimate partner. The unlawful, unwanted touching of someone’s intimate parts can be charged as sexual battery.
What Are the Penalties for Battery in California?
A conviction of simple misdemeanor battery usually results in up to six months in jail and a maximum fine of $2,000. However, domestic battery can result in:
- Up to one year in jail
- Probation
- A maximum fine of $2,000
- Mandatory participation in a batterer’s treatment program
- Pay a battered women’s shelter up to $5,000
- Reimburse the victim for counseling and other reasonable expenses related to the battery
Battery is a wobbler. You can be charged with a misdemeanor or felony. For example, if you cause serious bodily injury to someone, a conviction of aggravated battery could result in up to four years in prison. Battery related to sex crimes also carries harsher penalties.
Collateral Consequences of a Conviction of Assault or Battery
In addition to the criminal penalties, you may have several collateral consequences if you are convicted of battery or assault. Collateral consequences can include:
- Problems obtaining child custody or visitation
- The loss of a professional license
- Immigration problems or deportation
- Losing your right to own a firearm
- Damage to your professional and personal reputation
- Problems finding employment or housing
- Losing relationships with friends and family members
A criminal record can impact your life in many ways. Do not assume that the truth will keep you from being convicted of a crime if you are innocent. You need a strong defense against assault and battery charges.
Potential Defenses to Assault and Battery
A criminal defense attorney can help you build a defense against the criminal charges. Potential defenses include:
- You were acting in self-defense or protecting someone
- It is a case of mistaken identity
- Your arrest was unlawful because of police misconduct
- You did not have the present ability to injure someone
- You did not have the intent (i.e., you did not act willfully)
- Your actions were misunderstood or accidental
- The contact was not harmful or offensive
- You are being falsely accused
The defense depends on the specific charges against you and the evidence in your case. An attorney can review your case and explain your rights and legal options.
Get Help With Battery and Assault Charges in Redwood City, CA
Have you been accused of assault or battery? Call Ahmed & Sukaram, Criminal Defense Attorneys, to schedule a free consultation to discuss your case with a Redwood City assault and battery lawyer.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500