Assault and Battery

Assault
California Penal Code (PC) sections 240, 245


California law defines "assault" as an unlawful attempt -- coupled with a present ability -- to commit a violent injury upon another person. (See Penal Code (PC) section 240) California assault law does not require an actual injury or that the actor even touch the alleged victim. Because of this, it is easy for people to be falsely accused of and wrongfully arrested for this offense.

• Aggravated Assault or Assault with a Deadly Weapon. California law defines an "aggravated assault" under Penal Code section 245 as an assault, as defined above, but with a deadly weapon (gun, knife, etc.); or with some other means or force likely to cause serious bodily injury.

 

Penalties

• Simple assault is usually a misdemeanor. Penalties may consist of summary (informal) probation along with a fine or restitution, completion of a court approved batterer's program and community service; or, if the court does not grant probation, up to 6 months in the county jail.

• Aggravated Assault may be treated as a Felony or Misdemeanor.

   - If a misdemeanor, penalties for aggravated assault may consist of summary (informal) probation along with a fine or victim restitution, completion of a court approved anger management or batterer's program, weapon confiscation if applicable; or, if the court does not grant probation, up to one year in the county jail.

   - If treated as a felony, the penalties may consist of formal probation, along with a larger fine or victim restitution, completion of a court approved anger management or batterer's program, a possible "strike" under the state's 'Three strike law'; or, if the court does not grant probation, up to 4 years in state prison.

 

 

Possible Defenses 

Contact the Lee Law Group to fight for you. Possible defenses include, but are not limited to:

-  Self-Defense: You were actually acting in self-defense or you were defending another when you performed the alleged assault.  

-  Accident: That any contact was accidental; and you had no intention of attempting to assault or cause injury to another person.

-  No Serious Injury:  In cases of aggravated assault or battery, we may argue that no serious bodily injury occurred. Therefore, the alleged aggravated assault lacked "aggravation".

 

 

Battery

California Penal Code (PC) sections 242, 243


California law defines "battery" as the willful and unlawful use of force or violence against another person. (See Penal Code (PC) section 242) Unlike assault, battery is more than merely an attempt to inflict harm, but it involves actual offensive touching.

• Aggravated Battery. California law defines an "aggravated assault" under Penal Code section 243 (d) as when one willfully and unlawfully uses force or violence on another person causing serious bodily harm.

 

Penalties

• Simple Battery is usually a misdemeanor. Penalties may consist of summary (informal) probation along with a fine or restitution, completion of a court approved batterer's program and community service; or, if the court does not grant probation, up to 6 months in the county jail.

• Aggravated Battery may be treated as a Felony or Misdemeanor.

    - If a misdemeanor, penalties for aggravated battery may consist of summary (informal) probation along with a fine or victim restitution, or, if the court does not grant probation, up to one year in the county jail.

   - If aggravated battery is prosecuted as a felony the penalties may consist of formal probation, along with a larger fine or victim restitution, completion of a court approved anger management or batterer's program, a possible "strike" under the state's 'Three strike law'; or, if the court does not grant probation, up to 4 years in state prison.

 

Possible Defenses 

Contact the Lee Law Group to fight for you. Possible defenses include, but are not limited to:

- Self-Defense: You were actually acting in self-defense or you were defending another when you performed the alleged assault. 

- Accident: That any contact was accidental; and you had no intention of attempting to assault or cause injury to another person.

- No Serious Injury:  In cases of aggravated assault or battery, we may argue that no serious bodily injury occurred. Therefore, the alleged aggravated assault lacked "aggravation".

 

 

Contact the Lee Law Group for additional information on Assault and Battery; and how to defend you and yours if charged with these offenses.

TOP

A wonderful so happy