Assault & Battery

Assault and battery are among the more frequently prosecuted violent crimes under California law. Although often used together, they are separate offenses with different legal meanings and penalties. Assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. Battery is the willful and illegal use of violence or force against another person. Assault and battery can be prosecuted as misdemeanors or felonies, depending on your criminal record and case details. A misdemeanor can lead to a one-year jail sentence upon conviction, while a felony is punishable by two, three, or four years in state prison.

A criminal arrest for assault or battery in Los Angeles can lead to confusion and stress, especially if you do not know what to expect. Our experienced attorneys at CCLG: Los Angeles Criminal Attorney are available to help you navigate the legal process successfully. We can also explain your charges’ legal implications, rights, and options. We can work on your defense, too, to convince the court to drop your case or reduce your charges.

The Legal Meaning of Assault & Battery

The use of violence or force is an integral element of this crime. It means that you attempted to use an offensive or harmful touch on another person. The attempt can be slight or intense, based on the facts of the case. A slight attempt to touch another person can lead to assault charges if you do it rudely or offensively.

Also, an assault charge can happen even when the attempt did not or cannot result in an injury. It does not necessarily have to be a direct application of violence or force. Even an indirect touch, using an object or a person, can satisfy the elements of this crime. For example, pushing a table against a person in anger.

Your actions must be willful or deliberate, not accidental. An assault charge will occur if you act on purpose against another person. However, this does not mean that you intended to harm the person, gain any advantage over them, or break the law.

You should also have been aware that your behavior will result in the use of violence or force against the person. This does not necessarily mean that you intended to hurt the person, but that you were aware that your behavior could harm them at the time.

The prosecutor also needs to show that you had the present ability to hurt the person. It could be that you were angry enough to harm the victim, were more powerful than them, or were armed with an object that could cause them an injury.

If the prosecutor demonstrates all these elements in a trial, the jury will give a guilty verdict for a simple assault charge.

The Legal Meaning of Battery

According to PC 242, a battery charge is likely to occur if you unlawfully and willfully use force or violence against a person. Charges under this statute apply even if you do not cause the victim to sustain a bodily injury or suffer actual pain. What matters is the application of violence or force against another person. The district attorney must prove all the facts of the crime for a court to find you guilty of battery. These facts are:

• You willfully and unlawfully touched the alleged victim
• The touch was done in an offensive, rude, or harmful way

Touching another person means establishing physical contact with the person. The contact can be direct (from your body to their body) or indirect (from your body, through something else, to their body). The touch can be slight or intense. It does not necessarily have to result in an injury. You can face battery charges for touching something that is connected to another person, as long as you do it in a harmful or offensive way. For example, when you knock off something a person is holding or pushing a chair they are sitting on.

Your actions must be willful, meaning intentional and not accidental. However, a willful touch does not mean you intended to break the law, hurt anyone, or gain any advantage over the victim. It means you can commit the crime without necessarily intending to do it. However, your actions must demonstrate an intent to touch the person rudely or offensively.

Touching a person offensively or rudely means you were violent, rude, disrespectful, or angry. If you jokingly push another person, you are not guilty of battery even if the person falls and sustains an injury. However, if you rudely or angrily push a person, you are guilty of battery even if the person does not fall or sustain an injury.

Note: Some harmful touches, such as those in sports like boxing matches, are legal. You will not be charged with battery as long as the other person is a willful participant in the sport.

The Difference Between Battery and Assault

Assault and battery are violent crimes that entail the use of violence or force against another person. They are closely related but different crimes under the California Penal Code.

Assault is an attempt to inflict a bodily injury on another person through an unwanted or unlawful touch, violence, or force. Battery is the actual use of illegal or unwanted violence or force against another person. While assault is an attempt to use violence or force, battery is the actual infliction of violence or force against a person. Simply put, assault is an attempted battery, and battery is the completion of an assault.

PC 240 and PC 242 provide the legal definition and possible penalties for simple assault and simple battery charges in California. These are mainly misdemeanor offenses, punishable by six months to one year in jail and $1000 in fines. You can face felony charges for assault or battery under separate statutes. For example, PC 243(d), which prohibits battery causing serious bodily injury. Felony charges apply when there are aggravating factors in your case.

Aggravating factors are circumstances in a criminal case that increase the severity of an offense. They can lead to a longer sentence or more severe penalties. For example, if you assault an elderly person, a minor, or a person with a mental or physical disability, or if you cause a person to sustain a severe bodily injury, you can face a felony charge. The district attorney must consider your criminal record and the facts of your case to determine the correct charge to file against you for assault or battery.

Possible Penalties for an Assault Conviction

An assault conviction is likely if the prosecutor demonstrates all the elements of the crime. In this case, the court will pass a guilty verdict against you. If you are guilty of simple assault, a misdemeanor, you could receive the following penalties.

• Six months in jail, or
• Misdemeanor probation
• $1,000 in fines

The court can sentence you to jail or probation, at the judge’s discretion. If you receive probation instead of a jail sentence, you will receive probation terms and conditions to adhere to throughout your sentence. Misdemeanor probation can last from one to three years. The judge determines the period and sets the probation conditions according to the details of your case. Examples of terms and conditions you can receive include the following:

• An order to stay out of legal trouble during probation
• To participate in community work for a specified number of hours
• To present periodic reports about your progress to the judge
• To enroll in an anger management, alcohol, drug, or counseling program

Prosecutors charge some assault cases as felonies, based on the facts of the case. For example, if you use a deadly weapon to commit an assault, the district attorney can file an assault charge under PC 245(a)(1). This is a wobbler, meaning you can face misdemeanor or felony charges. A conviction for a misdemeanor under this statute is punishable by a jail sentence of one year and $1,000 in fines. A felony conviction is punishable by two to four years in prison.

The assault of protected persons under California law can also result in a heavier penalty upon conviction. For example, if you assault a police officer or peace officer while the officer is in the line of duty, you will likely face a jail sentence of one year and $2,000 in fines upon conviction. Examples of peace officers, as used in this statute, are firefighters, lifeguards, process servers, law enforcement officers, paramedics, EMTs, traffic officers, search and rescue members, code enforcement officers, and nurses and doctors offering emergency medical care.

However, the district attorney must prove that you knew, or should have reasonably known, that the alleged victim was a peace officer and that they were performing their duty.

Some assault cases result in the issuance of a protective order to protect the victim against further assault. For example, if the victim is a retail establishment worker and the worker was on duty at the time of the assault, you could receive a two-year ban from entering the establishment. A violation of this court order will likely lead to additional charges.

Possible Penalties for a Battery Conviction

The penalties for a simple battery charge are under PC 242. This is a battery offense that does not result in physical harm and does not involve a protected person or a law enforcement officer. The offense is punishable by the following:

• One year in jail, or
• Misdemeanor probation
• A Fine of $2,000

The court can sentence you to probation instead of jail, depending on your case. If you receive probation, you could be required to take anger management, drug or alcohol, or counseling classes and participate in community work as part of your probation conditions.

Suppose you commit battery against a protected person, like a public servant or law enforcement officer, and the victim sustains an injury. In that case, you will face charges under PC 243(b) or PC 243(c). These are wobbler crimes, meaning you can face misdemeanor or felony charges. A conviction for a misdemeanor can lead to one year in jail and a $2,000 fine, while a felony is punishable by a maximum of three years in prison and $10,000 in fines.

A battery conviction can also result in issuing a restraining order to protect the victim and others against similar or further battery. For example, if the victim is a retail establishment worker, you will likely receive a restraining order under PC 490.8. The order will prevent you from accessing the establishment for a given period.

Penalties for Aggravated Assault

Aggravated assault is a term used for any assault that is graver than simple assault. It is not a specific crime but a general term for all assault crimes that are more severe and have more severe penalties than a simple assault. Examples of crimes that fall under this category are:

Assault with a Dangerous or Deadly Weapon

If you use a dangerous or deadly weapon, like a knife, to attack or attempt to attack another person, the district attorney will file charges under PC 245(a)(1). A dangerous or deadly weapon is any item that can cause a person to sustain a significant bodily injury or die. The crime is a wobbler. If it is a misdemeanor, you will likely receive one year in jail and a $1,000 fine upon conviction. A felony conviction can lead to a prison sentence of 4 to 12 years. Your penalty will mainly depend on the dangerous weapon you used to commit the crime.

Assault with a Firearm

According to PC 245(a)(2), a charge for assault with a firearm is likely if you attempt to use violence or force against another person using a rifle, pistol, shotgun, machine gun, assault weapon, 50 BMG rifle, or semiautomatic firearm. You can commit this crime by pointing the weapon at a person, striking or pistol-whipping them, firing the gun at them, or shooting them. This, too, is a wobbler.

A misdemeanor can lead to one year in jail, and a felony to a prisons sentence of four years.

Assault with a Caustic Chemical

This happens when you throw or place, or attempt to throw or place, a caustic or flammable substance on another person, intending to injure or disfigure their body. It is a felony offense, punishable by two to four years in prison and up to $10,000 in fines.

Penalties for Aggravated Battery

An aggravated battery, under PC 243(d), is a battery offense that causes a victim to sustain a severe bodily injury. It results in a severe physical impairment, like a concussion, loss of consciousness, bone fracture, or significant bodily disfigurement. A

Aggravated battery is a wobbler, too, meaning that the prosecutor can charge it as a misdemeanor or felony. A misdemeanor can lead to a one-year jail sentence, while a felony can lead to two, three, or four years in state prison.

Legal Defenses for an Assault or Battery Charge

Violent crimes are some of the most severely punished crimes in California. Since assault and battery are violent crimes, a conviction for either of them can lead to life-changing penalties. In addition to a jail or prison sentence (depending on whether you are guilty of a misdemeanor or felony) and a hefty fine, a conviction leaves you with a severe criminal record. This can affect how easily you find work, housing, favorable insurance terms, or reasonable credit rates. You can challenge your charges for a favorable resolution during the trial with the assistance of a competent criminal attorney.

Here are examples of defense strategies that, if used by a skilled attorney, can lead to a reasonable outcome in the case:

Your Actions Were in Self Defense

This is a very valid defense technique for an assault or battery charge. Both crimes require you to have acted unlawfully and with the intent to harm the victim. If you acted in self-defense, you did not act illegally and did not have criminal intent.

Self-defense happens when you use reasonable force against another person to protect yourself or someone else against imminent danger. When using this strategy, your defense must show that you were, or you reasonably believed that you were, in danger. You must have also thought that using force or violence against the alleged victim was necessary to protect yourself or the other person. They must also show that you used reasonable force, according to the danger you were in. If this strategy works, the court can drop your charges.

Your Actions Were Accidental

This, too, can work to counter the prosecutor’s case that you acted willfully and with an intent to harm the victim. Your attorney can demonstrate that the offense was committed accidentally. For example, you could have thrown an object at the victim or accidentally pushed them. Your defense must show that you did not intend to harm the victim. For example, if you face battery charges, they can counter other allegations, like the allegation that you acted rudely or angrily. If your lawyer convinces the court that the incident was accidental, the court can drop your charges.

The Accusations Against You Are False

It is not unusual to face criminal charges and a possible conviction for a crime you did not commit. People file false accusations against innocent individuals all the time. Your accuser could be someone known to you. They can accuse you falsely for several reasons, including anger, jealousy, or to avenge something you did or failed to do.

A competent attorney will not allow an innocent person to pay dearly for an offense for which they are not guilty. They will collect evidence, interview eyewitnesses, and even call expert witnesses to prove your accuser wrong. They can find the truth from your accuser or use your alibi to demonstrate your innocence during the trial. Your attorney will use any evidence or strategy to ensure the court learns the truth. Then, the court can drop your charges.

You Were Disciplining Your Child

If you are a parent and your child, or someone else, accuses you of assault or battery for disciplining your child, this defense strategy can work. Parents have a legal right to discipline their children as they see fit, as long as they do not harm the child. A child who dislikes discipline can call the police on their parents, accusing them of assault or battery. However, a competent defense team can use a strategy like this to counter the allegation.

Find a Proficient Criminal Defense Service Near Me

If you or someone you know is facing assault or battery charges in Los Angeles, you can benefit significantly from the assistance of a skilled attorney. The legal process in California is complex and challenging to navigate without a legal expert. You also need help understanding your charges, options, and rights.

At CCLG: Los Angeles Criminal Attorney, we understand how stressful facing a criminal charge is. We offer the needed help and support to ensure your case progresses smoothly. We also develop a strong defense for your charges for a favorable outcome. The court can dismiss your case or reduce the charges with our assistance.

Contact us at 323-922-3418 to understand your charges and our services better.