Defense Lawyer for Assault & Battery Charges in Sacramento, CA

Under California law, assault and battery are considered to be two separate crimes, although it is common for people to use these terms interchangeably.

Assault Definition Under California Law:

For an assault charge to be filed, the prosecution must prove that a person tried to apply physical force upon another with the present ability to commit violent injury on that person.

In this instance, no actual physical contact has to take place. This makes it very easy to be falsely accused of assault, or unfairly arrested for it.

Battery Definition Under California Law:

For a battery charge to be filed, some type of unwanted, harmful or violent physical contact must occur.

While an assault charge can be filed without a battery charge, a battery charge almost always includes an assault charge.

A prosecutor must prove that you willfully used violence or force on another person in order to make a successful battery charge.

Violence or Force Definition:

In the state of California, “violence or force,” by law, does not often meet what actions many people would consider to be forceful or violent.

In fact, any touch can be sufficient grounds for a battery charge if it was done:

  • rudely
  • angrily
  • in a disrespectful manner

Also, “on another person” does not necessarily mean on them – by law, this is not limited to simply touching the other person and also includes his or her clothing or anything closely connected with that person.

Many circumstances – including self defense – can be used to defend against a charge of assault and battery. Fighting these charges requires a lawyer with skill, confidence and experience with assault and battery cases.

Penalties For Assault:

Under California Penal Code 240, assault is a misdemeanor and carries the following possible punishments if you are found guilty and convicted of the offense:

  • Summary probation for up to three years
  • County jail time of up to six months
  • A fine no greater than $1,000
  • Community service and/or completion of a batterer’s program

Penalties For Battery:

Simple Battery

  • Summary probation for up to three years
  • County jail time of up to six months
  • A fine no greater than $2,000
  • Community service and/or completion of a batterer’s program

Aggravated Battery

  • Formal probation
  • 2-4 years in a state penitentiary
  • A possible criminal strike on your record under California’s “Three Strikes Law”

Assault and battery charges can be dismissed in many cases where the defense lawyer proves that the battery occurred under certain circumstances, such as:

  • self-defense or the defense of others
  • in situations where there was consent
  • in the case of an accident
  • if it is under the disciplinary rights of a child’s parents

If you’re facing assault or battery charges in the state of California, it’s important that you seek counsel as soon as possible to develop a sound defense strategy.

Fighting assault and battery charges successfully depends on having a confident, knowledgeable lawyer on your team. Jennifer Mouzis has the experience needed for a successful trial.

Call today for a consultation.