Orange County Assault and Battery Lawyers

What Are Assault and Battery Charges in California?

Assault and battery are distinct criminal offenses under California law, each carrying profound implications for those accused. While the terms are often used together, they refer to separate actions defined by specific legal standards.

Assault, as outlined in California Penal Code § 240, involves an attempt to cause physical harm to another person, coupled with the ability to carry out that act. Importantly, no actual physical contact is required for an assault charge to be filed. Simply put, assault focuses on the attempt or threat of harm.

Battery, enumerated in California Penal Code § 242, occurs when a person makes a willful and unlawful use of force or violence against another individual. Unlike assault, battery requires actual physical contact, whether it results in injury. For example, shoving someone during an argument could be classified as battery, even if no visible injuries occur.

Examples of scenarios that could lead to assault and battery charges include:

• Heated arguments that escalate into threats or physical altercations.
• Bar fights or other public disputes where individuals act aggressively.
• Domestic disputes that involve pushing or hitting.
• Road rage incidents where threats or physical actions are directed at another driver.
• Disputes in retail or workplace settings that lead to physical confrontations.

Each case is unique, and the circumstances surrounding the alleged offense can influence how charges are pursued and defended. Understanding the specific nature of the allegations is crucial in building a strong defense.

Potential Penalties for Assault and Battery

Assault and battery carry penalties that can have immediate and long-term consequences.

Typically, assault and battery are charged as misdemeanors, but each has distinct penalties:

• Assault:
  • Fines of up to $1,000.
  • Up to six months in county jail.
• Battery:
  • Fines of up to $2,000.
  • Up to six months in county jail.

These penalties may seem similar, but they can escalate significantly based on the circumstances of the offense.

Certain factors can lead to harsher penalties, including:

• Victim status: Committing assault or battery against specific individuals, such as peace officers, healthcare workers, or teachers, can increase the severity of charges.
• Location: Incidents on or near certain properties, such as schools or public parks, may increase sentencing.
• Serious bodily injury: If battery results in serious physical harm, the charge may be elevated to aggravated battery, carrying more severe consequences, including potential felony charges.

Impact on Criminal Records and Long-Term Consequences

A conviction for assault or battery can leave a lasting mark on your criminal record.

This outcome may:

• Complicate future employment opportunities, particularly in professions requiring background checks.
• Impact housing applications, as landlords may be wary of tenants with criminal histories.
• Limit certain rights, including the ability to own firearms in some cases.

The social stigma associated with a criminal conviction can also strain personal relationships and complicate rebuilding your reputation.

Common Defenses for Assault and Battery Charges

Facing assault or battery charges can be a distressing experience. Still, it’s important to remember that several defenses may apply, depending on the case's specifics.

Possible ways to fight assault and battery charges include:

• Self-defense or defense of others: This defense is applicable when someone is acting to protect themselves or another person from an attack. However, the force must be proportional to the threat faced—excessive force may not be justified.
• Lack of intent or misunderstanding:  If the actor did not intend to cause harm or the contact was accidental, a defendant may have grounds to argue that they should not be held criminally liable. Additionally, misunderstandings or miscommunications during a confrontation may lead to situations where one person thought they were acting in self-defense, but no assault or battery was intended.
• False accusations or mistaken identity: Witnesses or the alleged victim may mistakenly identify someone, leading to an unjust charge. In some cases, individuals may be falsely accused as part of a personal dispute or to avoid legal consequences for their actions.