What is Assault?

Assault is an attempt to cause physical harm to someone else or to make them fear that they are about to be harmed. You don’t have to touch or hit someone to be charged with assault.

California Penal Code § 240 defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.

For example, if you raise your fist and move towards someone as if you’re going to hit them, but don’t make contact, you can still be charged with assault.

The key element is intent. The prosecution must prove that you intended to cause harm or make the other person fear harm.

What is Battery?

Battery is the actual act of using force or violence against another person. This involves any unwanted physical contact, even if it doesn’t cause injury.

California Penal Code § 242 defines battery as any willful and unlawful use of force or violence upon another person.

For example, if you slap, punch, or shove someone, you can be charged with battery.

Unlike assault, battery requires physical contact. However, the contact doesn’t have to result in injury for it to be considered battery.

Proving Assault and Battery

For the prosecution to secure a conviction for assault or battery, they must prove certain elements beyond a reasonable doubt. Let’s break down what these elements are:

Assault:

• Attempt to Apply Force: The prosecution must show that you willfully attempted to apply force to another person.
• Present Ability: You had the ability to apply force at that time.
• No Consent: The other person did not consent to the application of force.
• Intent: You intended to commit a violent injury or scare the other person into thinking they would be harmed.

Battery:

• Application of Force: The prosecution must show that you willfully used force or violence against another person.
• No Consent: The contact was against the other person’s will.
• Intent: You intended to use force or violence, even if it was minor.

Charges for Assault and Battery in Orange County

The consequences of assault and battery charges can vary based on the severity of the incident and whether you have any prior convictions. Here’s what you might face if convicted:

Assault (Simple Assault):

Simple assault is typically charged as a misdemeanor.

Penalties for this crime include up to six months in county jail, a fine of up to $1,000, or both. You might also be required to attend anger management classes or perform community service.

Battery (Simple Battery):

Simple battery is usually a misdemeanor. Penalties for simple battery include up to six months in county jail, a fine of up to $2,000, or both. Like assault, you may need to attend anger management classes or perform community service.

Aggravated Assault and Battery:

If assault or battery cause serious bodily injury, involves the use of a deadly weapon, or is committed against certain protected individuals (like police officers), the charges can be more severe.

Aggravated assault or battery can be charged as a felony.

Penalties can include several years in state prison, larger fines, and longer probation periods. You may also face a “strike” under California’s Three Strikes Law, which can lead to harsher sentences for future convictions.

Assault With a Deadly Weapon (California Penal Code § 245):

California Penal code 245 classifies using a deadly weapon or force likely to cause great bodily injury as assault with a deadly weapon.

This crime can be charged as a misdemeanor or felony. Felony penalties include up to 12 years in state prison, a fine of up to $10,000, or both. You could serve a longer prison term if the weapon used was a firearm.

The three strikes law also applies to this charge, as well as enhancements if the victim sustains serious injuries.

Remember, you don’t need to make any physical contact to be charged with assault with a deadly weapon.

Battery Causing Serious Bodily Injury (California Penal Code § 243(D)):

Under California Penal Code § 243(d), battery causing serious bodily injury is the willful and unlawful use of force or violence against another person, resulting in serious bodily injury.

The law defines serious bodily injury as a significant or substantial physical injury. This can include, but is not limited to, concussions, bone fractures, deep cuts, serious bruising, or injuries that require extensive medical treatment.

This crime can be charged as a misdemeanor or felony.

Misdemeanor penalties include up to one year in county jail, fines up to $1,000. You might also be required to serve misdemeanor probation, which may include community service, anger management classes, or other court-ordered programs.

Felony penalties include up to four years in state prison, a fine of up to $10,000, or both. You will also serve felony probation, which may involve regular check-ins with a probation officer, community service, and adherence to specific conditions set by the court.

A felony conviction for battery causing serious bodily injury may count as a strike under California’s Three Strikes Law, which can lead to increased penalties for future felony convictions.

Defenses Against Assault and Battery Charges

Facing assault and battery charges doesn’t mean you’re automatically guilty. There are several defenses that your attorney can use to fight the charges:

• Self defense: If you were protecting yourself from harm, you might have a valid defense.
• Defense of others: Like self-defense, this applies if you were protecting someone else from harm.
• Lack of intent: If you didn’t intend to cause harm or fear, it can be a strong defense.
• Consent: If the other person consented to the physical contact, it might not be considered assault or battery.
• False accusation: Sometimes, people falsely accuse others out of anger, jealousy, or misunderstanding.

Discussing these defenses with your attorney can help you build a strong case and potentially reduce or dismiss the charges against you.

Conclusion

If you or someone you know is facing assault or battery charges, the Johnson Criminal Law Group will help you fight these allegations. We will guide you through each step and help you achieve the best possible outcome for your case.