If you have been charged with assault or battery in the state of California, it is essential that you have a skilled Riverside assault and battery defense attorney. The potential consequences of a conviction for this crime can be severe. Jail time, prison time, fines, fees, and collateral consequences like the loss of a job or the inability to secure employment or find a place to live can all derail your future. You may be frightened about whether you will be sentenced to prison, and worried about the financial ramifications of the charges as well. If you are facing any level of assault charges, you should ensure you have an experienced criminal defense attorney to fight the charges and minimize the consequences.
RIVERSIDE ASSAULT & BATTERY ATTORNEYS
Contact Greenberg, Greenberg & Kenyon of Riverside for veteran legal representation after your assault and battery arrest. We extend more than 50 years of criminal law experience and a demonstrated record of getting charges dropped or reduced. In a free consultation, we will examine the facts of your case and advise you of your rights and legal options
Are Assault and Battery the Same Thing in California?
Assault is detailed under California Penal Code 240, Assault involves causing fear or apprehension of imminent violence. This can be fear of attempted violence or fear of threatened violence. Assault is typically a misdemeanor offense in the state, although if a deadly weapon is used in a threatening way, the charges can escalate to assault with a deadly weapon, which can be charged as a misdemeanor or a felony. Essentially, assault refers to the use of force or violence against another person – a threatening gesture, shoving or pushing, taking a swing, brandishing a weapon, or verbal threats.
Battery, detailed under California Penal Code 242, involves the use of force or violence, although it includes not only harmful touch but offensive touch as well. With battery charges, there is an imminent threat of violence or force due to something another person does or says. The person must have acted under the impression that they could harm or force another person through their actions. If a 93-year-old woman (without a weapon) tells a young man she is going to kill him, it is unlikely that she has the strength to harm him in any way. Battery is physical contact causing injury (a black eye, a knife wound) or resulting in injury (the person stumbles and breaks an arm). A bar fight, a shouting match after a car accident, or slapping a family member can all result in charges.
Battery is usually a more serious crime than assault and is a “wobbler” under California law. This means battery can be charged as a misdemeanor or a felony, depending on the circumstances. Aggravated battery charges mean that someone was significantly injured. In some cases, the only difference between assault and battery is that an attempt to inflict harm on another failed to work. Both assault and battery have differing degrees of severity. Simple assault and simple battery charges are less serious than aggravated assault and aggravated battery.
What Are the Types of Assault and Battery Charges in California?
There are different kinds of assault and battery charges in California. The attorneys at Greenberg, Greenberg & Kenyon can handle the following types of charges on your behalf:
- Simple assault
- Simple battery
- Aggravated assault
- Aggravated Assault with great bodily harm
- Assault with a deadly weapon
- Assault on a police officer
- Domestic violence
- Aggravated battery
- Road rage
What Are the Types of Assault Charges in California?
There are essentially four types of assault charges in the state of California:
- Simple assault is a misdemeanor offense as an unlawful attempt along with the present ability to cause significant injury to another person. Simple assault is punishable by a fine as large as $1,000, and up to six months in jail.
- Aggravated assault involves a clear intent to commit serious bodily injury to another person. If it is apparent the defendant wanted to inflict major damage and had no regard for the other person’s life, aggravated assault may be charged. Aggravated assault is a wobbler offense and can be charged as a misdemeanor or felony. A misdemeanor conviction for aggravated assault can be punished by probation, a jail sentence of up to a year, up to $10,000 in fines, confiscation of a weapon if used, and the possibility of an Anger Management course or community service. A felony conviction for aggravated assault could include the same fines, along with a longer sentence in state prison. Felony convictions count as a “strike” under California’s Three Strikes Laws.
- Assault with a deadly weapon can have aggravating factors such as whether the weapon was a machine gun, a semi-automatic weapon, or the assault was on a police officer. If there were serious injuries, the charges can include great bodily injury enhancement penalties. The fine for a conviction of assault with a deadly weapon is up to $10,000, and incarceration for up to 12 years in a California state prison.
- Assault on a police officer is essentially simple assault, with penalties that are doubled when the assault is on a police officer, firefighter, EMT or paramedic, process server, traffic officer, code enforcement officer, lifeguard, animal control officer, or health professional engaged in their duties. Penalties include up to one year in jail, and a fine as large as $2,000.
What Are the Types of Battery Charges in California?
There are three types of battery charges in the state of California. These include:
- Simple battery involves intentionally touching another person without their consent when the touching is done in an offensive manner or results in some level of injury. Simple battery is a misdemeanor offense that can result in jail time of up to one year and a fine.
- Battery causing serious bodily injury (aggravated battery) involves the same elements as simple battery, along with unlawful but willful touching and serious bodily injury. Serious bodily injury can include a loss of consciousness, broken teeth, serious facial lacerations, broken bones, cuts severe enough to require stitches, impairment, or loss of bodily function. Aggravated battery is a wobbler offense that can be charged as a misdemeanor or felony, depending on the facts and the defendant’s prior criminal history. Misdemeanor aggravated battery convictions can bring up to a year in jail, and a fine as large as $1,000. The judge could impose summary probation for the offense as well. A felony conviction of aggravated battery can result in up to four years in prison, and a fine of up to $10,000. The judge could also issue probation terms as an alternative to prison.
- Domestic battery is the most common form of domestic violence-related charges and is defined as willful, unlawful use of force or violence against a current or former spouse, fiancé, cohabitant, those the defendant currently or previously dated, or the other parent of a child. If any level of force is used, even when there are no visible injuries, a domestic battery charge could occur. Domestic battery is a misdemeanor unless there are serious bodily injuries or other aggravating factors. Penalties can include up to a year in jail, a $2,000 fine, and probation.
What Are Some Defenses to Assault and Battery Charges
Self-defense is one of the most common defenses to assault and battery charges. If you were defending yourself, your property, or someone else from imminent harm and did not use excessive force, then self-defense could be a solid defense. Consent is another defense to assault and battery charges. It states that the alleged victim gave explicit, informed consent to the physical contact. Lack of mental state claims you did not intend to cause harm, did not understand the nature of your actions or did not act intentionally or recklessly. A defense of duress applies if you act out of fear or fear for your own safety or the safety of others. If you were coerced or threatened with harm if you did not commit the assault, then duress may be a valid defense.
Do You Really Need a Criminal Defense Attorney for Assault and Battery Charges?
You should take action immediately when charged with assault or battery. Do not talk to the police since what you do or say can impact the outcome of your charges. Often, police officers will tell you that if you just answer their questions, you will be allowed to go home. Do not believe this. Having a Riverside assault and battery defense attorney by your side from the beginning can provide the advice and guidance you need while preventing you from making self-incriminating statements. Your attorney will build your defense after researching the facts of your case and analyzing all the potential angles.
Defending Against Assault and Battery Cases in San Bernardino or Riverside
Assault cases often come down to conflicting versions of events. We may argue self-defense or provocation and challenge the alleged victim’s complaint based on witness statements and police reports. When both parties contributed to the escalation, alcohol was involved, or the prosecution has little evidence, we are often successful in getting charges dismissed or reduced to disorderly conduct, disturbing the peace, or resisting arrest. In felony cases, we make every attempt to avoid a conviction and the possibility of prison through plea negotiations or going to trial when necessary.
CONTACT AN ASSAULT & BATTERY DEFENSE ATTORNEY TODAY!
Contact an assault and battery lawyer with decades of experience prosecuting and defending these charges in San Bernardino and Riverside. We offer a free initial consultation, and our phones are answered 24 hours a day.
