FACING ASSAULT AND BATTERY CHARGES?

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ASSAULT AND BATTERY INFORMATION

ASSAULT AND BATTERY CHARGES & CONSEQUENCES

We often hear the term “Assault and Battery”, and many people incorrectly believe that these two crimes are essentially the same thing.  How often do you hear someone say, “he assaulted me” in reference to harm caused by physical contact?  The crime of assault requires no physical contact, only an attempt to make physical contact. Unlike an assault, battery does require some physical contact to be made. 

The state of California defines each as follows:

Assault is defined as “the unlawful attempt to violently injure another person.” Assault includes threats and attempts to harm or injure someone.

Battery is defined as the “unwanted touching or striking of another person or anything connected to that person.” The genuine use of violence or physical force to injure another person constitutes battery.

Assault and Battery Charges in California

1. Simple Assault is a any threat or effort to physically injure someone that is joined with an actual capacity to make that effort or threat actually happen. Simple Assualt is a misdemeanor. Punishable by up to 6 months in jail and $1,000 fine.

2. Simple Battery is the intentional and forceful or violent touching of another person in a manner that is unwanted or offensive. You do not have to harm or injure someone to be accused of simple battery. What matters is that someone who didn’t want to be touched or consent to being touched was in fact touched. Simple Battery is a misdemeanor. Punishable by up to 6 months in jail and $2,000 fine.

3. Aggravated Battery is an act that involves a “significant or substantial physical injury” as defined by a jury. Aggravated assault can usually precede or include vicious beatings, robberies, and more. Aggravated battery can be charged as either a felony or as a misdemeanor. A misdemeanor conviction for aggravated battery is punishable with 1 year in jail, while a felony charge is punishable by up to 4 years in a California county jail.

4. Assault With a Deadly Weapon is defined as the successful or unsuccessful attempt to injure someone while in fact having the ability to use a lethal weapon such as a firearm, a knife, or any object that could reasonably be considered a deadly weapon, such as a hammer, a baseball bat, and even a rock. Assault with a deadly weapon can be charged as either a misdemeanor or felony, with penalties ranging from 6 months to 1 year for misdemeanor charges, and 4 years to 9 or more years for felony charges.

LET US HELP

If you are accused of an assault or battery crime, it is highly advisable that you seek legal advise immediately. At the Law Offices of Natalio Pereira, we understand the law and have years of experience in defending assault and battery cases. We will work to reduce your felony to a misdemeanor and minimize your misdemeanor charges.

Assault and Battery must be proven to a jury beyond a reasonable doubt. There are a variety of defenses that can be used to defend you.

Three common defenses for Assault and Battery include:

1. The accusation against you is fabricated, and the crime never happened.

2. Someone else is guilty, and you were misidentified.

3. The alleged assault or battery was, in fact, an act of self-defense.

PC 240 ASSAULT

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

In California, we have several assault crimes.  If you have been charged with assault, know that some California assault charges are more serious than others. 

California Penal Code 240 deals with the most basic and least serious assault charges.  If you have been charged with PC 245(a)(2) Assault with a Firearm, please visit those sections of our website.

What is an “Assault” under California Penal Code Section 240?

For a defendant to be convicted of PC 240 Assault, the prosecutor must prove that: Read more about PC 240.

PC 242 BATTERY

A battery is any willful and unlawful use of force or violence upon the person of another.

In California, there are several types of battery charges.  If you have been charged with a battery, understand that certain types of California battery charges are more serious than others.  In this section, we will discuss the least serious of battery charges, PC 242 Battery.

We often hear the term “Assault and Battery”, and many people incorrectly believe that these two crimes are essentially the same thing.  How often do you hear someone say, “he assaulted me” in reference to harm caused by physical contact?  The crime of assault requires no physical contact, only an attempt to make physical contact, and you can learn more about California assault law under the “Assault” section of our website. Read more about PC 242.

PC 243.4 SEXUAL BATTERY

CA Penal Code 243.4 punishes the crime of Sexual Battery, or sometimes referred to as “Sexual Assault”.  The California sexual battery defense attorneys from the Law Offices of Natalio Pereira are very experienced in defending against Sexual Battery charges in our Southern California courts. 

PC 243.4 is known as a “wobbler”, or a law that the prosecutor can choose to charge as a misdemeanor or a felony.  The prosecutor will base that decision on the circumstances of your case.  If the alleged victim was mentally or physically incapacitated, mentally disabled, physically restrained, or unconscious at the time the battery took place, the prosecutor can charge you with a misdemeanor or felony depending on the circumstances of your case.  243.4(e)(1), where the sexual battery takes place without consent of the alleged victim and there is no restraint or physical/mental condition, is charged as a misdemeanor. Read more about PC 243.4.

PC 243(D) BATTERY WITH SERIOUS BODILY INJURY OR AGGRAVATED

When a battery is committed against any person and serious bodily injury is inflicted on the person.

In this section, the criminal defense attorneys from the Law Offices of Natalio Pereira will explain one of the more serious California battery charges – Penal Code 243(d), “Battery with serious bodily injury” or “Aggravated battery”.  PC 243(d) is known as a “wobbler”, or a law that the prosecutor can choose to charge as a misdemeanor or a felony.  The prosecutor will base that decision on the circumstances of your case, and the seriousness of the alleged victim’s injury.  If you have been charged with PC 243(d) Aggravated Battery or any other California battery crime, please contact the criminal defense attorneys at the Law Offices of Natalio Pereira to schedule a consultation. Read more about PC 243(D).

PC 245(A)(1) – ASSAULT WITH DEADLY WEAPON

(a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm.

California Penal Code 245(a)(1) Assault with a Deadly Weapon is a serious crime, and can be charged as a California misdemeanor or felony.  The prosecutor will make a decision to file a PC 245(a)(1) charge as a misdemeanor or felony based upon the type of weapon used, whether the alleged victim was injured, and the seriousness of that injury.  The criminal defense attorneys at the Law Offices of Natalio Pereira are very experienced in defending against PC 245(a)(1) charges here in Orange County. Read more about PC 245(A)(1).

PC 273(A) CHILD ENDANGERMENT

(a) It is a misdemeanor for any person or agency to pay, offer to pay, or to receive money or anything of value for the placement for adoption or for the consent to an adoption of a child. This subdivision shall not apply to any fee paid for adoption services provided by the State Department of Social Services, a licensed adoption agency, adoption services providers, as defined in Section 8502 of the Family Code, or an attorney providing adoption legal services.

Penal Code 273(a) punishes what is known as “child endangerment”, and is generally considered to be a “domestic violence” crime.  There is a crime under 273(a) when an individual (a) places a child in a dangerous situation, or (b) allows a child to be placed in a dangerous situation without taking measures to protect the child. Like Penal Code 273.5 Corporal Injury and 243(d) Aggravated Battery, 273(a) Child Endangerment is a “wobbler”.  A “wobbler” is a crime that the prosecution can choose to file as a misdemeanor or a felony, depending on the nature of the offense, your criminal history, and other factors. Read more about PC 273(A).

PC 273(D) CHILD ABUSE

California Penal Code 273(d), is known as “Corporal Injury on a Child” or more commonly “Child Abuse”.  PC 273(d) Child Abuse differs from PC 273(a) Child Endangerment and other California child abuse laws in that there must be physical harm done to the child to be convicted under this law. 

PC 273(d) Child Abuse is a “wobbler”.  This means that the prosecutor can charge you with either a misdemeanor or a felony, depending on the circumstances surrounding your case and your criminal history. Read more about PC 273(D).