Assault and battery are commonly mistaken for the same thing. However, they are different crimes under California law, with distinct legal definitions and penalties.Assault is the criminal attempt to injure another individual violently, and battery is the actual unlawful and willful use of violence or force upon another individual. Simply put, assault is an attempt to commit battery, while battery is the completion of assault. Both are misdemeanor offenses, but can be charged as felonies in the presence of aggravating factors.
If you face assault or battery charges in Southern California, we can ensure you understand the severity of your charges and legal options at Singh Law. We can also assist you in navigating legal processes, defending your civil rights, and representing you during the trial. We can work with you to ensure you obtain a favorable outcome in your case.
The Legal Meaning of Assault
The crime of assault, under California Penal Code 240, occurs when you unlawfully attempt to violently injure a person and have the present ability to do it. You can do this in many ways, including throwing or attempting to throw a rock or heavy object at another person in the heat of anger. The attempt to injure the person is assault, meaning that your charges will still apply even if the other person does not sustain an injury.
The elements or facts of assault, which the DA must prove for a judge to give a guilty verdict, include the following:
- That you did something that involved the application of force on a person
- Your deeds were willful or deliberate
- You knew or should have reasonably known that your behavior could result in the application of force on the person.
- You had the present ability to use force on the person
In this case, applying force means using an offensive or harmful touch on a person, directly (using your hands), or indirectly(through an object). Even a slight touch can count as assault if it is offensive or rude. Remember that assault can still occur even if the touch does not injure the other person.
Example: In the middle of an argument with a junior staff member, a manager throws a book at the junior staff member. The book is not heavy enough to injure the junior staff, but the manager’s action counts as assault under the law.
Remember that an assault is the attempt, with present ability, to injure a person. You do not have to succeed in harming the person to be charged under PC 240. What matters is that you took an action that can result in an injury.
The DA must also prove that your behavior was willful to obtain a conviction. You act willfully when your actions are purposeful or intentional, not accidental. However, a deliberate act does not mean you intended to harm a person, break the law, or gain an advantage over another person.
Example: While playing the truth or dare game, Esther is ordered by her friends to set a trap for an unpopular girl in their class that can cause a minor trip and fall accident. Unfortunately, the girl falls down the stairs and sustains an injury. Although Esther was only playing a game and did not intend to injure the girl, gain an advantage over her, or break the law, she is guilty of assault.
Additionally, the district attorney must prove that you knew, or should have reasonably known, that your behavior could cause the other person to sustain an injury. In the example above, Esther would know that a slip and fall accident can be minor or severe, depending on where she sets a trap for the unpopular girl. This is enough to support assault charges against her.
The Legal Meaning of Battery
California Penal Code 242 defines battery. You can face battery charges if you wilfully and unlawfully use violence or force against another person. The application of force does not necessarily have to result in an injury or pain for battery charges to apply. You can be charged with battery if you push someone to the ground or throw an object at a person that actually hits them. The facts of this offense include the following:
- You unlawfully and deliberately touched someone in an offensive or harmful way.
- Your behavior was not in self-defense or the defense of another person, or
- You were not disciplining a child
Touching another person means establishing physical contact with the person. It can be a slight or severe touch, resulting in an injury or not. The touch can be direct (through your skin to the other person’s body) or indirect (through an object). You can also be accused of battery for touching something that is connected to a person’s body rudely or offensively. This can apply to something the person is holding, carrying, or sitting on.
The touch must be deliberate or willful. It should be on purpose and not accidental. However, this does not mean that you intend to harm the person, gain an advantage over them, or break the law. This means you can be guilty of battery even if you did not intend to commit battery. What matters is that you acted willfully or unlawfully and were rude or offensive.
Example: While hurriedly walking out of her home after a heated argument with her husband, Joan slams the door behind her. Unbeknownst to her, her husband is right behind her. The door hits him, causing him to fall hard on his back. He sustains a head injury that leaves him hospitalized for a few days.
Joan did not intend to harm her husband, but her actions resulted in a serious injury. Additionally, her actions were not accidental and were done offensively or rudely.
Additionally, the DA must prove that your deeds are offensive, rude, or harmful. A touch becomes a battery offense if it is offensive, rude, or harmful. Thus, your actions could be angry, violent, or disrespectful, resulting in battery charges. However, there is an exemption to this, particularly for legal violent actions, like boxing or wrestling, that are done offensively and can result in injuries.
How Battery Differs from Assault
Assault and battery are sometimes used interchangeably, but differ in legal meaning and penalties. An assault occurs when you attempt to harm another person, and battery is the actual infliction of violence or force on another individual. Simply put, assault does not necessarily involve actual use of violence, but battery does. Thus, assault is an attempted battery, and battery is a completed assault.
Penalties for an Assault Conviction in California
A simple assault offense is a misdemeanor offense, punishable by the following:
- A jail sentence of six months, or
- Misdemeanor probation
- A fine of $1000
The offense becomes a wobbler if circumstances change. For example, if you commit an assault using a deadly or dangerous weapon, like a knife or gun, the DA can file felony or misdemeanor charges. A misdemeanor conviction for assault with a deadly weapon is punishable by twelve months in jail and a fine of $1000. A felony conviction is punishable by a prison sentence of two, three, or four years.
You can face even graver penalties for assault if you assault a protected officer while they are performing their duties. If you commit a simple assault against protected persons, you can face up to six months in jail and a fine of $2000. Protected officers or persons include the following:
- Police officers and other law enforcement officers
- Firefighters
- Paramedics and EMTs
- Lifeguards
- Traffic officers
- Process servers
- Animal control officers
- Code enforcement officers
- Nurses and doctors offering emergency medical services
- People who perform search and rescue activities
However, the district attorney must prove that you know, or should have reasonably known, that the officer is protected and was performing their duty at the time of the assault.
Penalties for a Battery Conviction
A simple battery offense (without aggravating factors) is also a misdemeanor. It is punishable by the following:
- Six months in jail, or
- Misdemeanor probation
- A fine of$2000
An aggravating factor, like an injury or the battery of a protected officer, can result in more severe penalties.
If you commit battery on a protected officer while the officer is performing their duty, you will face charges under different statutes, including PC 243(b) and PC 243(c). The exact statute depends on the type of protected officer in question. These two statutes are wobblers, meaning that the district attorney can file felony or misdemeanor charges depending on your criminal history and the circumstances of the case. A misdemeanor is punishable by twelve months in jail and a fine of $2000. A felony (battery with an injury) is punishable by 16 months to two or three years in prison, and a fine of $10,000.
Committing battery on a custodial officer, under PC 243.1, is a felony, punishable by 16 months, two years, or three years in prison. The court can enhance your penalties to a prison sentence of two, three, or four years if the officers sustained a great bodily injury.
The district attorney can also file charges for aggravated battery with a severe bodily injury against you, under PC 342(d). This, too, is a wobbler. A misdemeanor is punishable by twelve months in jail, while a felony is punishable by two, three, or four years. The court can enhance your penalties to up to three to six years in case of a severe bodily injury.
Committing battery on a school worker is also a wobbler offense. A misdemeanor is punishable by twelve months in jail, and a felony by 16 months, two, or three years in prison.
Domestic battery, under PC 243(e)(1), is a misdemeanor offense, punishable by six months in jail and a fine of $2000.
Sexual battery, under PC 243.4, is a wobbler. A misdemeanor is punishable by a jail sentence of six months, one year if there is an aggravating factor, and a fine of $2000, or $3000 if the victim is your employee. A misdemeanor conviction also carries a requirement to register in the sex offender registry for ten years under the Tier I registration category.
A felony conviction for sexual battery is punishable by a prison sentence of two, three, or four years. The court can enhance your sentence by three to five years if the victim sustained a serious injury. You could be charged a court fine or up to $10,000. A felony conviction also carries a requirement to register as a sex offender for life, under the Tier III category.
Misdemeanor and Felony Probation
You could qualify for felony or misdemeanor probation after a conviction for assault or battery in California.A misdemeanor conviction can result in misdemeanor probation, while a felony conviction can result in felony probation. Misdemeanor probation lasts for three to five years, and felony probation lasts for five years. The court will set probation conditions to adhere to throughout the probation period. These conditions are set according to the details of your case, and can include the following:
- To avoid criminal engagement during probation.
- To submit period reports about your performance to the judge if you are on summary probation
- To meet periodically with a probation officer for a performance report if on felony probation
- Mandatory counseling or treatment for an underlying condition, like alcohol or drug abuse or addiction, or anger management
- To complete a predetermined number of hours of community work
- Mandatory payment of restitution, in case of an injury, for the victim to undergo treatment or counseling
In case of probation violation, the court will hold a hearing to consider the right course of action. They can continue probation on the same terms as before, but on more strict conditions, or cancel probation. If the court cancels your probation, it will sentence you to jail or prison for the required period under California law for your crime.
Restraining Orders
If you commit assault or battery on a retail establishment worker, and the worker is on duty, the business owner can obtain a restraining order against you. This will bar you from accessing the establishment for the period the order remains in effect. Violating the restraining order can result in severe consequences, including an arrest and fresh criminal charges. Violating a restraining order is a misdemeanor offense under California law, punishable by six months in jail. However, the DA can bring felony charges against you in case of aggravating factors, like an injury, in your case.
How To Fight an Assault or Battery Charge in California
A conviction for battery or assault has severe penalties that can leave you in jail for months or in prison for years. The consequences can be grave if there are aggravating factors in your case, like an injury or the victim is a protected person. In addition to the criminal penalties, you could face other consequences after a conviction, including a severe criminal background check and loss of certain rights or privileges, like gun rights. However, you can fight for a favorable outcome in your case with the support of a skilled lawyer.
Here are examples of legal strategies your legal team can apply in your defense to cause the court to dismiss or reduce your charges:
Arguing That You Lacked the Present Ability to Harm the Person
One of the facts of assault is the present ability to harm the other person. Remember that assault is attempting to violently injure a person, with the present ability to do so. It can happen when you throw an object at a person, push them, or punch them. However, if you lack the present ability to harm the person, you are not guilty of assault even if the person is frightened.
Regardless of their reaction, you can utilize this defense technique if you believe you could not harm the other person. Your lawyer can present surveillance videos or an eyewitness account to verify that your behavior could not injure someone. For example, if you throw a punch while at a considerable distance from the alleged victim, it may not count as assault.
Your Behavior Was in Self-Defense
This defense strategy can work very well in assault or battery cases. The law allows people to use reasonable force if they or someone else is in imminent danger. However, the force should not exceed the magnitude of risk you face. If you felt threatened by the person, or you were afraid of another person’s safety, and you attempted to use, or used force against the alleged perpetrator, you are not guilty of assault or battery.
However, your attorney must demonstrate the kind of danger or threats you or the other person faced at the moment. The court will also consider the severity of your actions concerning that danger or threat. If you used reasonable force, the court will drop the charges. However, if you used more force than was needed at that time, you could be convicted of assault or battery.
The Accusation is False
It is not unusual to face false accusations of assault or battery. Since there is usually no requirement that the victim sustained a physical injury, someone can file false accusations against you with the police. The person can be motivated by anger, jealousy, or a desire for revenge. When they do this, you must provide evidence to dispute their allegations and convince the judge to drop the charges.
A skilled criminal defense attorney will not let you face a conviction for a crime you never committed. They will help you collect evidence and prepare a solid defense to ensure your charges are dismissed. For example, your lawyer can call in eye witnesses to provide a valid account of what happened on the day the alleged crime was committed. They can also use your alibi to prove that you were not near the victim on the day or time of the crime.
A skilled attorney can also find loopholes in the alleged victim’s case or use the victim’s words against them. If this works, the court will drop the charges.
Your Behavior Was Accidental
Remember that battery and assault are committed through willful or deliberate actions. If you push another person or attempt to hit them, your actions are intentional, even though you do not intend to harm them, break the law, or gain an advantage. You are not guilty of assault or battery if your actions are accidental. You can hurt a person or attempt to injure them by accident. If this is what happened, the court will drop the charges.
However, your words alone are insufficient to cause the judge to drop the charges. You must demonstrate with evidence that force or violence was accidental. You could have tripped and fell on a person while rushing on a busy street or accidentally pushed them in a crowded space. An accident can also occur if you accidentally hit someone with something you carry or hold. This does not mean you intended to harm them, even if they sustain an injury.
Find a Competent Orange County Criminal Attorney Near Me
Although sometimes used interchangeably, battery is a separate offense from assault under California law. If you use or attempt to use force on a person, the DA can file assault or battery charges, depending on the details of your case. The penalties you will likely receive depend on the facts of your case. You can face a lengthy prison sentence and a high court fine if there are aggravating factors, like an injury or the victim being a protected person.
At Singh Law, we can ensure you understand why you face battery or assault charges. We can also assist you in determining the legal implications and options of your charges. Together, we can navigate complex legal processes, defend your rights, gather evidence, and utilize the best defense strategies to fight for a reasonable outcome. Contact us at 714-328-6189 if you are charged with assault or battery in Southern California. Let us begin the court process with you.
