The difference between assault and battery in California breaks down to the difference between threat and action. “Assault” describes a person’s attempts to use violence or force against someone else. “Battery” describes their success. Usually, assault precedes battery.
California can issue assault and battery charges against its residents after reported incidents of unchecked violence. However, you have the right to challenge any combination of these charges brought against you, and you should if you want to avoid unnecessary fines or excessive jail time.
A Los Angeles criminal defense lawyer can help you make your voice heard in an assault and battery case today.
Examples of Assault and Battery
The best way to determine the difference between assault and battery in California is to consider the charges’ relationship to one another.
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. Assault and battery penalties can vary case by case, so get in touch with Simmrin Law Group today to discuss your specific situation.
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 the following:
- 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.
For a free legal consultation, call (310) 896-2723
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.
Can You Be Charged With Battery But Not Assault?
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.
Understanding Assault and Battery Charges Under California Law
In California, assault and battery are separate offenses under the California Penal Code, but they are often charged together in violent crime cases. Knowing the legal distinctions between these charges is critical when facing criminal charges and considering your legal options.
Whether you’re charged with simple assault or aggravated battery, a criminal defense attorney can help protect your rights and guide you through the legal process.
Legal Definitions Under the Penal Code
Under California’s Penal Code, assault is defined as an unlawful attempt to cause a violent injury to another person, while battery refers to the actual use of force or physical contact. Simple misdemeanor assault does not require bodily harm, only the attempt.
Battery, on the other hand, involves harmful or offensive contact and can lead to more serious charges if injuries occur. Assault and battery charges can be elevated depending on the circumstances and the victim involved.
Aggravated and Felony-Level Charges
Aggravated battery involves inflicting serious bodily injuries and is considered a felony under California law. Assault with a deadly weapon, such as using a frying pan or any object capable of causing harm, is also a felony.
Assault with the intent to commit murder is among the most severe charges and can result in state prison time. These cases may involve protected victims such as a peace officer, police officer, school employee, or custodial officer.
Common Examples and Enhancements
Assault and battery charges may arise from bar fights, domestic disputes, or incidents involving a deadly weapon. If the victim suffers great bodily injuries or is a medical provider or law enforcement officer, enhancements and harsher penalties may apply.
Charges like sexual battery or child abuse can also fall under California’s assault and battery statutes. Collateral consequences may include losing professional licenses or facing immigration consequences.
Legal Process and Defense Strategies
A criminal defense lawyer will evaluate the facts, such as whether there was intentional physical contact or if psychological issues or criminal negligence played a role. Legal defenses may include self-defense, mistaken identity, or lack of intent.
Your criminal defense team may negotiate plea agreements to avoid jail time or mitigate sentencing. In more serious cases, your defense attorney will fight for you during a criminal trial.
Penalties and Consequences
Convictions for battery charges or assault with a deadly weapon can carry harsh penalties, including significant jail time or even a sentence in state prison. Even simple assault can leave you with a criminal record, impacting your future employment and housing opportunities.
A criminal conviction may also result in probation, fines, or mandated counseling. Legal representation is essential to avoid or reduce these outcomes.
Finding the Right Criminal Defense Attorney at Simmrin Law Group
If you’re facing assault charges in Los Angeles or anywhere in California, it’s vital to speak with an experienced assault and battery lawyer at Simmrin Law Group. A qualified criminal defense attorney can help you understand your rights and the potential outcomes.
Special Considerations for Minors
Juveniles accused of assault and battery may face different procedures and penalties, often requiring the support of a juvenile defense attorney. While the charges may mirror adult cases, the legal outcomes and rehabilitation goals differ.
California law still allows for serious consequences in cases involving unlawfully causing the death or assault on a protected victim. Having the right defense is key to protecting a minor’s future.
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.
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 were 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.
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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, including a fine of up to $2,000 and up to six months in jail. A conviction for 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 lawyers 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. However, a skilled criminal defense lawyer can provide you with a variety of possible defenses, offering you reassurance and support during this challenging time.
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 a 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 With Simmrin Law Group
What’s the difference between assault and battery in California? Now you know. 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. Visit our FAQ page to learn more.
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