The crimes of assault and battery in the state of California are serious crimes that can have lasting impacts on your future. Anyone facing assault and battery charges could be facing jail or prison time along with excessive fines, probation and a permanent criminal record. The skilled criminal defense lawyers at the Duran Law Group have extensive experience dealing with the crimes of assault and battery. It is in your best interest to hire attorneys who not only have the knowledge and experience to deal with your case, but who will also aggressively fight for your rights. The attorneys at the Duran Law Group are here to fight for you.
Assault and Battery Law in California
Assault is “the unlawful attempt coupled with the present ability to commit a violent injury upon another person.” Threats and attempts to physically injure someone qualify as an assault. You can be convicted of this offense even if there is no injury.
Battery is “unwanted touching or striking of another person, or anything connected to that person.” Battery is a willful violent act which causes physical contact.
Assault and Battery cases range from simple confrontations and bar fights to domestic violence, assault and battery with a deadly weapon. California Assault and Battery can be charged as a misdemeanor or felony depending on the specific facts of each case:
- Assault: Simple Assault is prosecuted as a misdemeanor under Penal Code section 240 and is punishable by up to six months in county jail. Simple assault is an unlawful attempt, coupled with present ability to commit a violent injury upon another person.
- Assault on a peace officer or other persons engaged in performance of duties: This crime is prosecuted under Penal Code section 241 and is punishable by up to six months in county jail as a misdemeanor. This offense is an unlawful attempt coupled with the present ability to commit a violent injury upon a peace officer, firefighter, animal control officer, emergency medical technician, life guard, or code enforcement officer.
- Assault with a deadly weapon: This crime is prosecuted under Penal Code section 245 as a misdemeanor or a felony and is punishable by up to a year in county jail or up to four years in state prison. Assault with a deadly weapon is the crime of assaulting another person with a firearm or a weapon (other than a firearm) of any kind by means of force likely to produce great bodily injury (GBI). A felony conviction for this offense may be considered a ‘Strike” under the California Three Strikes Law. Use of a car as a deadly weapon could mean lifetime revocation of your California Driver’s License.
- Battery: Simple Battery is willful and unlawful use of force or violence against another person. Simple battery is a misdemeanor and prosecuted under Penal Code section 242 punishable by up to 180 days in county jail. Aggravated battery can also be charged as a misdemeanor or felony and prosecuted under Penal Code section 243(d). The punishment for aggravated battery is one to four years of imprisonment depending on whether it is a misdemeanor or felony.
- Sexual Battery: Sexual Battery is the unwanted touching of the intimate body part of another for sexual arousal, gratification or abuse, when the victim is unlawfully restrained, disabled, unconscious, or medically incapacitated. This crime can be a misdemeanor or felony and is prosecuted under Penal Code section 243.4 and is punishable by a year in county jail or up to four years in state prison. This crime comes with lifetime sex offender registration.
- Battery on a police officer: intentional and unlawful touching, striking, or hitting of a police officer, firefighter, EMT, or Code enforcement Officer. This offense is prosecuted under Penal Code section 243(b) and in punishable by up to one year in county jail.
If you have been charged with any of the above listed assault and battery crimes, it is crucial to obtain the best representation possible. The attorneys at the Duran Law Group have been fighting for your rights for 30 years. We have the experience, knowledge and determination to obtain the best possible result for you.
At the Duran Law Group our criminal defense lawyers handle all types of assault and battery cases. We provide excellent criminal defense for cases throughout Los Angeles, San Bernardino, Riverside, Orange, San Diego, Santa Barbara and Ventura counties.