Defining Assault And Battery In California
While assault and battery are often lumped together and referred to as a single crime, assault and battery are actually two, distinct crimes that are defined and penalized differently per California Penal Code.
Assault, as found in California Penal Code Section 240, refers to an unlawful attempt… “to commit a violent injury on the person of another.” Notice the language of the statute – only the word attempt is used. This means that a person does not actually have to cause bodily harm to another in order to be charged with assault, but must merely attempt to cause such harm.
Battery, on the other hand, refers to the actual and willful use of force or violence upon another person, as found in California Penal Code Section 242.
Penalties For Assault And Battery
Because assault and battery are different crimes, they are penalized differently in California. To be sure, a simple assault is a misdemeanor offense that is punishable by up to six months in jail or/and a fine of up to $1,000.
Battery is also a misdemeanor offense in most cases (unless committed against certain persons, such as an officer of the peace), which is also punishable by up to six months in jail. The maximum fine for a battery conviction is larger, though – up to $2,000. Further, sentencing may be more severe depending upon the severity of the crime and the defendant’s criminal history.
How We Can Help You
Whether you are facing misdemeanor or felony charges, working with a skilled California assault and battery attorney is strongly recommended. Not only will an attorney guide you through the law and the penalties that you face, but will also defend you against charges. This means filing motions to prevent certain evidence from being admitted to the court, negotiating with the prosecution, and building your defense, such as a claim of self-defense.
Call The Law Office Of Steve Whitworth Today
If you are facing criminal charges for assault, battery, or both, you do not have to defend yourself against charges on your own. You have the right to competent legal representation – you should exercise that right immediately. When you call the Law Office of Steve Whitworth, our criminal defense attorney will get to work on your case immediately. Attorney Steve Whitworth has taken more than 70 trials to jury verdict and has the experience you’re looking for. Call today for your consultation and to start protecting your future.
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“He showed up at 4 am while I was in jail to brief me on how to get out. He not only got me out but got me the best possible deal. I was facing 15 years in prison and I got 30 days house arrest.”- Curt L.
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