In October of 2023, the Public Policy Institute of California reported that aggravated assaults had surged by over 60 percent compared to pre-pandemic levels. Faced with a rising violent crime rate well above the national average, criminal courts in the Golden State are now aggressively prosecuting offenses like assault and battery.
If you are facing these charges, you may have various concerns and questions. You might be wondering if you will be incarcerated, or how a conviction could affect your reputation, career, and ability to lead a normal life.
While these concerns are understandable, there is another question of more immediate importance: How will you defend yourself against these charges? This article will explain everything you need to know about assault and battery charges in California, including their differences, potential penalties, and the legal defense strategies at your disposal.
Are you struggling to move forward after being accused of assault and battery? Take control of your future by contacting the Law Office of Cherish Om to schedule a free consultation.
Assault vs. Battery Under U.S. Law
Although “assault” and “battery” are related terms, they typically imply two very different offenses under both U.S. and California law. Defendants may face both charges in connection with the same alleged incident, or they may face just one of these charges.
Assault Offenses
In most US jurisdictions, “assault” involves only the threat or possibility of harm. As long as a defendant had the capacity to carry out the alleged threat, they may face assault charges. For example, a defendant may be charged with assault if they raise their fists, shout insults at someone, and step toward them. A defendant might also face assault charges if they throw a rock at someone – even if they miss. A more serious example of assault might include stepping toward someone, uttering threats, and brandishing a firearm.
Battery Offenses
Unlike assault, battery involves physical contact and real harm. Instead of simply raising their fists, for example, the defendant might land a punch. Instead of throwing a rock and missing, the defendant might strike their target. Instead of brandishing a firearm, the defendant might discharge the weapon into someone’s kneecap.
The Key Difference
To summarize, assault represents the beginning of violence, while battery represents its completion. Although many people associate physical violence with the term “assault,” the absence of physical harm is a key aspect of its legal definition under US law.
Understanding Battery Charges in California
According to California Penal Code 242, battery is the “willful and unlawful use of force or violence upon the person of another.” The word “willful” is an important aspect of this definition, and it highlights the role of intent. If the use of force was accidental, a defendant cannot face the charge of battery in California.
Defining Simple Battery
In California, “simple battery” is the least serious form of the charge. The word “simple” refers to the most basic, default definition of battery. California Penal Code 242 defines battery as any type of harmful or unwanted physical contact. Simple battery involves unwanted touching without any injuries or aggravating factors.
For example, you might have poked someone in the chest during a heated argument. Even though this might not have resulted in an injury, it still constitutes a simple battery. Due to the vague and elusive definition of “physical contact,” less obvious acts may also constitute simple battery in California. For example, spitting on someone could be defined as harmful physical contact. Hitting someone with a thrown object also falls into this category, even if the object is too soft or lightweight to inflict an injury.
Battery Penalties
Depending on the specific circumstances of your battery charge, you may face a range of penalties. Here are some of the possible punishments for battery:
- Simple battery. Simple battery is a misdemeanor in California. If convicted, you face up to six months in jail, a fine of $2,000, or both.
- Battery on a peace officer or firefighter. You may face either a misdemeanor or a felony for this offense. If convicted of a misdemeanor under this section, you face up to one year in jail, a fine of up to $2,000, or both. If convicted of a felony under this section, you face up to three years in prison, a fine of up to $10,000, or both. Note that this also applies to a range of other alleged victims, including first responders, animal control officers, lifeguards, and many others. These penalties apply even if the victims were “off duty,” although you can expect heightened penalties for battery on uniformed officers.
- Battery causing serious bodily injury. You may face a misdemeanor or felony for this offense. If convicted of a misdemeanor under this section, you face up to one year in prison, a fine of up to $1,000, or both. If convicted of a felony under this section, you face two, three, or four years in prison.
- Battery against family members. If the alleged victim is a spouse or romantic partner of any kind, you face a misdemeanor offense with a maximum jail sentence of one year. A $2,000 fine and a mandatory minimum jail sentence of 48 hours are possible. This applies to casual relationships, exes, and current partners.
No matter what type of battery you have been charged with, it is critical to mount a robust legal defense to protect your future. An experienced criminal defense lawyer can help you sort out your options.
Defining Assault Charges in California
According to California Penal Code 240, assault is an “unlawful attempt, coupled with present ability, to commit a violent injury on the person of another.”
“Present ability” refers to the capacity of the defendant to commit harm. If the defendant was never capable of inflicting harm on the alleged victim, they cannot face charges under California Penal Code 240.
Simple Assault vs. Aggravated Assault
Simple assault is the least serious type of assault in California. California Penal Code 240 defines assault as an attempt to commit an act of violence. This act must involve the likely application of force, and it must be intentional. Finally, the defendant must have the ability to carry through with this violent act. For example, a man might attempt to punch an alleged victim. Even if they miss in spectacular fashion, this intentional act constitutes simple assault.
California’s penal code does not specifically mention “aggravated assault,” although this term may refer to “assault with a deadly weapon.” Offenses of this nature are defined by California Penal Code 245. This section outlines heightened penalties for assaults involving deadly weapons, normal firearms, semi-automatic firearms, machine guns, assault rifles, and .50 BMG rifles. Anyone who commits an assault involving “force likely to produce great bodily injury” will also face more severe penalties under this section.
Although aggravated assault involves more serious penalties compared to simple assault, the core definition of assault still applies. Assault with a deadly weapon may involve the absence of physical harm, such as firing a shot straight into the air to intimidate someone. Criminal courts in California may define a wide range of objects as “deadly weapons.” These include obvious examples such as knives and firearms, but also baseball bats, planks of wood, broken bottles, vehicles, and even chair legs. Brandishing these objects in a threatening manner may constitute assault with a deadly weapon.
Assault Penalties
Depending on what type of assault you are accused of committing and the unique details of your case, an assault conviction may result in a variety of penalties. Here are some of the possible penalties for assault in California:
- Simple assault. A simple assault is a misdemeanor offense in California. If convicted, you face up to six months in jail, a fine of up to $1,000, or both.
- Assault with a deadly weapon. Known as a “wobbler” offense, this may be prosecuted as a felony or a misdemeanor in California. If convicted of a misdemeanor under California Penal Code 245, you face up to one year in jail, a fine of up to $10,000, or both. If convicted of a felony under the same section, you face two, three, or four years in prison, a fine of up to $10,000, or both.
- Assault with a firearm. Assaults with firearms are also “wobbler” offenses. If convicted of a misdemeanor under this section, you face a mandatory minimum jail sentence of six months. The maximum jail sentence is one year, and a $10,000 fine is also possible. If convicted of a felony under this section, you face two, three, or four years in prison.
- Assault likely to produce great bodily injury. If you assault someone with force likely to produce great bodily injury, you face either a misdemeanor or a felony. The misdemeanor offense is punishable by a jail sentence of up to one year, a $10,000 fine, or both. The felony offense is punishable by two, three, or four years in prison, a fine up to $10,000, or both.
- Assault with a machine gun or .50 BMG rifle. Assaults with these weapons are felonies. If convicted, you face 4, 8, or 12 years in prison.
- Assault with a semi-automatic weapon. Assaults with these weapons are felonies. If convicted, you face a prison sentence of three, six, or nine years.
- Assault with a deadly weapon on a peace officer or firefighter. Assaults on peace officers and firefighters are felonies punishable by three, four, or five years in prison.
- Assault with a firearm on a peace officer or firefighter. If the assault against a peace officer or firefighter involved a firearm, you face a felony punishable by four, six, or eight years in prison.
- Assault with a semiautomatic firearm on a peace officer or firefighter. This is a felony punishable by five, seven, or nine years in prison.
- Assault with a machine gun, assault weapon, or .50 BMG rifle on a peace officer or firefighter. This form of assault is a felony that involves serious penalties. If convicted, you face 6, 9, or 12 years in prison.
As you can see, the potential penalties for conviction depend heavily on the nature of the crime. If you have questions about your specific charges, reach out to an criminal defense attorney to learn more about your legal situation.
Can A Defendant Raise A Legal Defense If Charged With The Crime Of Assault Or Battery?
A defendant may raise a legal defense if charged with the crime of assault, battery, or both. All defendants in the State of California have a number of important rights, including the right to seek legal representation. Other important rights include the right to remain silent and the right to request a consultation with a defense attorney.
Equally important is the presumption of innocence in California. In order to convict a defendant of assault or battery in California, the prosecution must prove “beyond reasonable doubt” that a crime occurred. If there is even a slight chance that the defendant is innocent, then the jury must acquit the defendant. The prosecution shoulders the burden of proof – not the defendant.
Pleading not guilty may not be the most appropriate course of legal action. Many defendants choose to enter guilty pleas if they face overwhelming evidence laid against them. Also known as a “plea deal,” this may encourage leniency from criminal courts – perhaps resulting in misdemeanor charges instead of felonies.
Defending Against Assault, Battery, and Aggravated Assault
Many defense strategies may be effective for defendants facing assault, battery, and aggravated assault charges in California. Although the best one for your case will depend on your specific circumstances and should always be decided with your defense attorney, you can explore a few common legal strategies below.
Defenses to Assault
A criminal court cannot convict a defendant of assault if they lacked the capacity to inflict harm on an alleged victim. For example, a wheelchair-bound individual might threaten to karate kick someone, but they obviously lack the ability to carry out this threat. This general principle can form the basis of various defense strategies.
Defenses to Battery
A criminal court cannot convict a defendant if they did not intend to cause harm to an alleged victim. For example, a defendant might push someone out of the path of a speeding vehicle. In this case, the defendant did not intend to harm the alleged victim and was instead attempting to save their life.
Perhaps the most obvious defense to battery is self-defense. In California, you are allowed to use force to defend yourself and other people. That being said, your response must be reasonable and proportionate.
The harm associated with an alleged battery may have been completely accidental. For example, you might have stumbled in the street before accidentally colliding with another pedestrian. They might be convinced that you intentionally shoved them, but they may lack the evidence to prove it.
Defenses to Assault and Battery on Peace Officers
Offenses involving peace officers may lead to some of the most serious penalties for assaults and batteries in California. However, it can be difficult for prosecutors to convict defendants who did not realize that these alleged victims were peace officers. For example, a police officer may be operating out of uniform in an undercover capacity.
Assault & Battery Lawyer FAQs
Criminal law cases are complex—especially when they involve assault and battery accusations. If you have questions about your assault charges, it’s important to solicit legal advice from a trusted law firm in California right away. In the meantime, read through the answers to some of our most frequently asked questions.
• What is 1st-degree assault and battery?
Although there is no mention of first-degree assault and battery in California’s criminal code, rough equivalents include felony aggravated battery and felony assault with a deadly weapon. Aggravated battery charges occur when the alleged victim suffers serious bodily injuries, while assault with a deadly weapon often involves a firearm. These are among the most serious assault and battery offenses in California.
• What is 2nd-degree assault and battery?
In California, people may use the phrase “2nd-degree assault and battery” interchangeably with “battery causing serious bodily injury.” Technically speaking, only the latter is the correct term in the Golden State. Second-degree assault is less serious compared to first-degree assault, and so it may refer to misdemeanor aggravated assault rather than felony aggravated assault. Generally speaking, second-degree assault and battery involves more serious penalties compared to 3rd degree or “simple” assault and battery. Simple assault may also become a more serious matter if certain alleged victims are involved, such as spouses, police officers, or children.
• What is 3rd-degree assault and battery?
While the criminal code in California does not specifically mention “third-degree assault and battery,” the closest equivalent offenses are probably “simple battery” and “simple assault.” A simple assault involves the threat of physical harm with the capacity to inflict harm. Simple battery involves physical harm without serious injuries, such as a slight shove or a light slap.
• What is the statute of limitations on assault and battery?
Generally speaking, the statute of limitations in California is one year for misdemeanors and three years for felonies. There is therefore a one-year statute of limitations for simple batteries and simple assaults, and a three-year statute of limitations for felony assaults and felony batteries. However, there are various exceptions to this rule. For example, there may be a five-year statute of limitations for assault and battery on senior citizens, as this may constitute elder abuse in California.
• How long can you go to jail for assault and battery in California?
Jail sentences are associated with misdemeanors in California, and the maximum jail sentence for a simple misdemeanor assault or battery is six months. Assault with a deadly weapon could result in up to one year in jail. Certain aggravating factors, such as assaulting a police officer, may increase a jail sentence to a maximum of three years. If certain firearms are involved in assaults against peace officers, it is possible to face a 12-year prison sentence for assault with a deadly weapon in California.
Contact a Compassionate Assault and Battery Lawyer in CA
While research may provide general information about assault and battery charges, it cannot provide a legal defense. Online content cannot represent you in court, negotiate with prosecutors on your behalf, or gather evidence that might help your case. On the other hand, a California defense attorney can do all of these things. Not only that, but they can execute an effective defense strategy that takes into account the unique circumstances surrounding your situation. Close the screen and speak with an actual lawyer for real answers. Consult with an experienced assault and battery lawyer at the Cherish Om Law and get started with a personalized defense strategy today.
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