The words assault and battery are often used together and interchangeably by most people. However, the two terms have vastly different legal meanings and consequences in the state of California.
Battery refers to an interaction when one person touches another using force or violence. This interaction is not just limited to violent situations. It applies to all non-consensual touching done in a harmful or offensive way.
Assault occurs when a person is attempting to use violence or force on another person. Typically, the assault will occur first, followed by battery. Whether you’ve been charged with a misdemeanor or felony, our Los Angeles criminal defense lawyers are here to help.
Examples of Assault and Battery
Assault charges are often made without an accompanying charge for battery. However, only in rare cases will someone be charged with battery but not assault.
Assault
The exact legal definition of assault varies between jurisdictions. While the specifics may vary, the general idea of assault is the same. A person commits an act of assault when their words or actions make another person feel that they are in danger of a violent attack.
Assault most often takes the form of threats. However, it can also be an actual attempt to attack where the assailant fails to land a blow.
Battery
Battery is the act of actually landing a blow on another person. This crime can take many forms.
Some common types of battery include:
- Pushing someone
- Hitting or kicking someone
- Attacking someone with a weapon
- Throwing something at someone
- Spitting on someone
If you have been accused of assault or battery in California, you should meet with an experienced criminal defense attorney as soon as possible. Before your trial starts, you need someone on your side who will fight to clear your name.
Why Assault and Battery Often Go Together
The reason assault and battery often go hand in hand is that, usually, an assault will occur first and then a battery. For instance, if someone tells another person they will throw a bottle at them, they have committed assault. If they then go on to throw that bottle and it actually hits the person, then they have committed battery.
People are often arrested on charges of assault without any charge of battery because they threaten violence but do not carry it out. This can happen if either party walks away or if the aggressor is held back before they commit a violent act.
A person can also be charged with battery without a charge of assault. However, this is far less common since most acts of violence start with arguments. That said, sometimes random acts of violence occur where there is no precursor to the attack. If someone is randomly attacked while walking down the street, their attacker may not have committed assault.
Misdemeanor vs. Felony Charges
The consequences for a conviction of assault or battery largely depend upon whether you are facing a misdemeanor or felony charge.
Assault Charge
A simple assault is a misdemeanor crime punishable by a maximum fine of $1,000 and up to six months imprisonment. In order for a felony charge to be leveled against you, the charge must be for aggravated assault.
According to Statista, around 29,983 aggravated assaults were reported in California in 2021. Crimes like assault are considered “wobbler” crimes because they can be a felony or misdemeanor, depending on the circumstances.
One situation where an assault may be upgraded from simple to aggravated is if a firearm or other deadly weapon is involved. If a person was waving a gun while making a threat, they could face an aggravated assault charge. Another instance in which the charge could be raised is if the assault was a threat of murder.
Battery Charge
A simple battery is a misdemeanor. However, if the battery results in a serious injury, then the accused could face a charge of aggravated battery causing serious bodily injury. Like aggravated assault, this charge is a wobbler. Whether you are charged with a misdemeanor or a felony will likely depend on the extent of the victim’s injuries.
You should be aware that with both assault and battery, if they are considered a felony, they are counted towards California’s “three-strike” rule.
Penalties for Assault and Battery Charges
Whatever the exact charge, the consequences of any assault or battery conviction can be severe. That’s why it’s important to have an experienced criminal defense lawyer on your side to help protect your rights.
Penalties for an Assault Charge
When facing a charge of simple assault, the potential penalties include:
- A fine of up to $1,000
- Up to six months of probation
- Up to six months in jail
When facing a felony aggravated assault charge, the punishment goes way up. Potential penalties for felony aggravated assault include a fine of up to $10,000 and up to four years in state prison.
Penalties for a Battery Charge
A charge of simple battery has similar consequences as that of simple assault, which include a fine of up to $2,000 and up to six months in jail. A conviction for a charge of felony aggravated battery causing serious bodily injury can be punishable with a fine of up to $10,000 and up to four years in state prison.
With both assault and battery, the charges are more severe if the actions are against a peace officer, such as an EMT, police officer, or correctional officer. In some instances, the penalties double in severity.
Since the laws around assault and battery can be complicated and very situation-specific, you should speak to one of our attorneys as soon as possible. You don’t want to lose the chance of having your charges reduced or dismissed by making a statement that hurts your case or by going to court on your own.
Defenses Against Assault and Battery Charges
Facing charges of assault and battery can be upsetting and life-changing. It is also a situation that is easy for people to end up in after drinking too much or being in the wrong place at the wrong time. However, a Burbank criminal defense lawyer can help you fight these charges with a variety of possible defenses.
Consent
If the other party consented to the assault or battery, they cannot claim you acted illegally. For example, if you hit someone in the normal course of a sport in an expected way, they have consented to some level of battery.
Self-Defense
If you were protecting yourself or another person, this is a defense to a battery charge. Your criminal defense lawyer will use evidence to prove that this was necessary, given the circumstances.
Inability to Commit Crime
This defense works well for assault charges because even if you threaten someone but clearly cannot follow through with that threat, it is not considered assault.
For example, if a person with two broken hands in casts threatens to choke the person in front of them at that moment, this is not considered assault because the person with broken hands cannot actually choke anyone.
Schedule Your Free Consultation
Facing criminal charges is a difficult situation that calls for experienced legal representation. To protect yourself from further problems, you need to speak to a qualified lawyer who can help you better understand your options and defend you in court.
Simmrin Law Group has numerous qualified lawyers who can help you today. Someone is available 24/7 to discuss your case. Call today or fill out our online contact form.