Understanding Assault vs Battery in CA: Key Differences

Introduction to Assault and Battery

Many people in California believe that assault and battery charges are the same. They are not.

In fact, they are two different crimes in California. Assault involves the unlawful attempt to cause serious bodily injury, and battery involves making physical contact.

When a person is charged with assault or battery in California, it's so important to understand what the differences are and how they are both charged and sentenced. When facing assault or battery charges, a skilled attorney can help the accused navigate the complexities of the law in California. It can also ensure that the accused person's rights are protected.

All of these crimes have very severe penalties, including jail time and fines.

Goss Law handles assault and battery cases, and the team can help anyone who has been accused of these crimes. They have more insight on assault laws in CA: a comprehensive guide.

Definitions and Examples of Assault and Battery Charges

Assault is defined as an unlawful attempt to cause injury, plus the accused must have the present ability to cause injury. Battery involves the willful and unlawful use of physical harm against another person that involves actual physical contact.

Examples of assault include threatening a person with a violent injury, but there doesn't have to be physical force. Battery, however, involves making contact with the alleged victim causing physical injury.

Assault and battery charges can be either misdemeanors or felonies depending on the circumstances and the severity of the crime. All criminal charges are serious, but if the charges get elevated to aggravated assault or aggravated battery, there are harsher felony penalties. Aggravating factors that could lead to felony battery charges include great bodily injury and/or the use of a deadly weapon.

Prosecutors will take into account a number of factors when considering charges. These include if there was a serious injury, if weapons were used (firearm, stun gun, knife, etc), and if the victim was someone like a police officer, school employee, or peace officers, which is a protected class under the law. This could bring even harsher penalties.

Because California penal code is so confusing for most people, it's always best to work with a lawyer. A criminal defense attorney will fully understand California law and can explain assault vs aggravated assault in CA.

Assault Charges in California

In Californian, assault is a serious charge and it is defined as the attempt and ability to bring bodily harm on another person. (California Penal Code 240) As mentioned, physical contact is not a requirement to be charged with assault. Simply threatening a person with violence and having the ability to carry the threat out can bring upon an assault charge.

Assault charges can be either simple assault or aggravated assault. Simple assault, in most cases, is usually a misdemeanor. Consequences include up to six months in a county jail and fines of up to $1,000.

When an assault involves the use of a deadly weapon, or if the assault results in serious injury, it could be a felony assault. In this case, the sentencing can be elevated, too. Instead of a fine, probation, or community service, the accused could get up to four years in state prison.

An assault conviction can have very serious consequences, including a permanent criminal record, the loss of employment, or even deportation if a person is not a US citizen. Thankfully, a skilled defense attorney can help to create a strong defense that can make a major difference in the final outcome of the case.

Battery Charges in California

In California, battery is defined by Penal Code 242. It is defined as the willful and unlawful use of force or violence upon another person. Unlike assault, which focuses more on the threat of harm, battery involves the actual physical contact of another person, even if it is considered minor, like a shove or unwanted touching. To be convicted of battery, the prosecutor must prove beyond a reasonable doubt that the act was done intentionally and without consent.

As with assault, battery in California can be either be simple battery or aggravating battery. Simple battery is usually a misdemeanor, and like a simple assault, a person accused with misdemeanor battery could face up to six months in jail and a fine of up to $2,000. Also, if the victim of the battery is a protected individual, like a police officer, the charge can be elevated to a felony, which will come with more jail time.

Aggravated battery is a more serious charge, and because of that, it carries harsher consequences. In some cases, since this can be charged as a misdemeanor or a felony, a person accused of aggravated battery could spend time in a state prison.

The sooner a person facing battery charges gets in contact with an attorney, the better off they will be. The sooner an attorney can start working on the case, the longer they have to create a valid defense.

Fighting Assault or Battery Charges in California

Being charged with assault and/or battery in California is a serious matter with serious consequences, and if the charge is aggravated, it can bring more severe consequences, including felonies. Felony convictions include jail/prison time, heavy fines, and a permanent criminal record. Fortunately, those who have been charged with these crimes can fight the accusations with a robust defense strategy.

It's important to remember that, as with all violent crimes, a prosecutor must prove, beyond a reasonable doubt, that the accused meant to commit assault or had the ability to produce great bodily injury. With battery crimes, it must be proven that significant harm was done to the alleged victim.

Common defenses that can be used for both assault and battery charges include:

• Self-defense or the defense of others

• Lack of intent to cause great bodily harm

• Consent (in certain situations, like sexual assault)

• False accusations or mistaken identity

Work with Goss Law to Fight Assault and Battery Charges

An experienced and trusted criminal defense lawyer in Sacramento can take a look at the case and do their best to get a favorable outcome. Some of the things an attorney and their team do include analyzing the facts of the case, interview witnesses, examine evidence, or negotiate with prosecutors. The potential penalties are steep, but in many cases, an attorney can get the charges reduced from a felony to a misdemeanor, or negotiate for alternative sentencing like diversion programs or classes.

No one has to face these charges alone. Blair Goss and the team at Goss Law can take a look at any assault or battery case and help the accused move through the legal process. Call now for a free consultation.