Assault and battery are two distinct legal offenses that are often associated with fights, attacks, and other physical altercations. Typically, someone is nearly or actually injured.
The California Penal Code lists dozens of different types of assault and battery offenses, with different subcategories based on the type of victim (disabled, elderly, spouse or relative, peace officer, government official) and based on the seriousness of the injury. There are additional enhancements if a weapon is involved, including clubs, brass knuckles, bats, knives, and firearms. Some common household items can also count as “weapons” – vehicles such as cars also qualify.
The penalties for assault and battery can vary depending on the circumstances. In California, the minimum sentence for simple assault or battery is a fine of up to $1,000 and/or up to six months in county jail. However, more severe cases can result in felony charges with significantly harsher punishments, including state prison time. Additionally, restrictions on firearm possession may apply to those convicted of these offenses.
While the words “assault” and “battery” have specific definitions, the important thing is that you can be charged for both actually making contact with someone or simply attempting to. If you throw a rock (or shoot a firearm) at someone and miss, that is still an offense. Even the simple act of pointing a weapon at another person could give rise to a legitimate criminal charge against you.
Judges commonly issue a Stay Away Order or a restraining order to the defendant in order to protect the victim. Be aware that these orders can appear on background checks and law enforcement databases. It is crucial to have an attorney assist you in handling assault and battery cases.
How Can Farris Law Firm Help?
In California, assault and battery charges can qualify for diversion under Penal Code § 1001.95. This is a process that allows a defendant the opportunity to have their case fully dismissed if they complete certain requirements. There may also be the option to agree to probation with anger management courses and community service. There is flexibility to be creative in negotiating deals for assault and battery cases, and your attorney at Farris Law Firm will be well-versed in all of these options.
Finally, you always have the option of going to trial. Farris Law Firm will fight your case out in open court, in front of a jury, and hold the prosecutor to their burden. The prosecutor must prove, beyond a reasonable doubt, every element of an offense before you can be convicted and sentenced.
Your attorney at Farris Law Firm knows the ins and outs of this part of our legal system and can help you at every step of the way with your assault and battery case.
