Assault and battery are two separate crimes that can have serious punishments depending on the severity of the case.
- For assault, there is a maximum fine of $1,000, a maximum sentence of imprisonment for 6 months or both. The penalties can increase if the victim of the crime was an on-duty peace officer or if the crime happens in a specified location such as a school or public park.
- For a simple battery, the maximum fine is $2,000 and a maximum term of imprisonment for 6 months in county jail. This as well can increase if the victim was a specified person mentioned in the Penal Code or if the defendant engaged in domestic violence.
- For a battery resulting in serious bodily injury, California court will view it as a felony which has much more serious punishments.
According to the California Penal Code, assault is defined as an “unlawful attempt” to cause a “violent injury on the person of another”. It is often described as an attempt to commit a battery. Battery is described as using force or violence against another person. If you’ve been charged of assault or battery, contact an experienced attorney for help.
In order to be charged of assault in California, a prosecutor must show that the defendant intended to commit a battery and had the “present ability” to do so, but does not need to show that physical contact actually happened. In order to be charged of battery, the prosecutor must show that the defendant willfully made contact with another person.
The type of criminal charge depends on the severity of the battery and the circumstances surrounding the crime. In order to elevate the charges, the prosecutor must show an “aggravating circumstance”. For example, the use of a deadly weapon could be considered an aggravating circumstance. Some defenses your attorney can use is that you acted in self-defense or you were defending another person, your home or personal property.
If you have been charged with Assault & Battery it is best to contact an experienced Sacramento criminal attorney Richard Chan Jr. for help. Call (916) 446-4400 to schedule your consultation.